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N248767

January 14, 2014

CLA-2-61:OT:RR:NC:N3:348

CATEGORY: Classification

TARIFF NO.: 6114.30.3060

Mihai Stroe

Mavic

17 Parkridge Road

Haverhill, MA 01835

RE: The tariff classification of men’s garments from an unknown country.

Dear Mr. Stroe:

In your letter, dated December 10, 2013, you requested a tariff classification ruling. The samples are being returned to you, as requested.

The submitted sample, Model #351730 Cycling Bib Tights, is a men’s garment. The tight-fitting garment has a racer back, deep scoop front, oversize armholes, waistline, padding of synthetic chamois in the genital and derriere area, and extends to the ankles. The back upper bib and side panels of the garment are constructed of 76% polyamide, 24% spandex knit fabric. The chest and back of the wearer is exposed. The remainder of the garment is constructed of 86% polyamide 14% spandex knit fabric. The garment is worn while riding a bicycle and is not suitable for wear in other situations.

The applicable subheading for Model #351730 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: men’s or boys’. The rate of duty will be 14.9 percent ad valorem.

You requested a classification for a men’s Full Zip Cycling Jersey. Unfortunately, we cannot provide a classification at this time. The issue of the classification of certain bicycling shirts in heading 6119 versus heading 6114 is currently pending before the United States Court of International Trade (CIT) in the matter of Specialized Bicycle v United States, CIT No. 10-00332 and Specialized Bicycle v United States, CIT No. 10-00142. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

“No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court appeal therefrom”

In light of the prohibition set out in CFT 177.7(b), and as the instant ruling request is closely related to the classification issue presently pending in the CIT, this office is unable to issue a ruling letter to you with respect to the classification of the cycling jersey. Accordingly, we are administratively closing the file. You may submit another request after the court has issued its decision on these cases.

You also requested a classification for Model #UN3184 Cycling Gloves. We are unable to issue a classification ruling for glove model # UN3184, because additional information is needed. Provide marketing, advertising, promotional and sales environment information that demonstrates what the gloves are specially designed for. Include any catalogs and websites that describe how the gloves are designed to be used. If the gloves will be sold in a catalog, please provide us with a copy of that catalog or catalog mock, in which the gloves will be sold. Provide actual retail packaging, actual hangtags, and actual labels, and any point of sale information that describes how the gloves are being marketed. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Rosemarie Hayward at (646) 733-3064.

Sincerely,

Gwenn Klein Kirschner

Acting Director

National Commodity Specialist Division