NY a87152: The tariff classification of ice hockey pants from Taiwan.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A87152

                        September 9, 1992

CLA-2-62:RR:NC:5:353 A87152  

CATEGORY: Classification

TARIFF NO.:  6211.33.0061

Mr. Ken Hashimoto
Expeditors Int'l.
P.O. Box 2568
578 Eccles Avenue
South San Francisco, CA 94080

RE:  The tariff classification of ice hockey pants from Taiwan.

Dear Mr. Hashimoto:

     In your letter dated August 27, 1996, on behalf of Easton
Sports you requested a classification ruling.  
     
     The submitted sample is a pair of ice hockey pants stated to
consist of woven nylon fabric.  The pants are knee length with
padding in the leg and above the waist area.  At the waist there
is a textile belt with a plastic buckle.  The sample will be
returned to you as requested.    

     Sports equipment is provided for generally in heading 9506,
HTSUSA, while ice hockey equipment in particular is covered by
subheading 9506,99.25.  However, Note 1(e), Chapter 95, HTSUSA,
excludes sports clothing of Chapters 61 and 62, HTSUSA, from the
coverage of Chapter 95.  Nevertheless, you state that in view of
their protective function, hockey pants should be classified a
sports equipment.

      Although protective equipment is covered by heading 9506,
it is Customs' view that the heading embraces only certain forms
of protective gear, and that sports clothing, regardless of the
protection they afford the wearer, is still excluded.  The
Explanatory Notes, which constitute the official interpretation
of the Harmonized System at the international level, provide at
EN 95.06(B)(13), that protective gear of heading 9506 includes
such articles as fencing masks and breast plates, elbow and knee
pads, cricket pads and shin guards.
  
     The applicable subheading for the ice hockey pants will be,
6211.33.0061 Harmonized Tariff Schedule of the United States
(HTS), which provides for track suits, ski-suits and swimwear;
other garments Other garments, men's or boys': Of man-made
fibers, Other.  The duty rate will be 16.8 percent ad valorem.

     The ice hockey pants fall within textile category
designation 659.  Based upon international textile trade
agreements products of Taiwan are subject to quota and the
requirement of a visa.

     The designated textile and apparel categories may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes.  To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.

     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 Martin
Weiss at 212-466-5881.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division