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NY 864231

July 02, 1991

CLA-2-62:S:N:N3I:357 864231

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0085; 6113.00.0090; 6114.30.1020; 6112.31.0010; 6113.00.0012

Mr. James L. Gregory
C.F. Liebert, Inc.
P.O. Box L
Blaine, Washington 98230

RE: The tariff classification of five water sport garments from Canada

Dear Mr. Gregory:

In your letter dated May 14, 1991, on behalf of Fitzwright Co., Ltd., you requested a tariff classification ruling.

Five samples were submitted as follows: Style Neoflex (trick) Spring, is a man's short-sleeved one-piece wetsuit designed for warm water sports. The wetsuit has leg separations and extends from the neck to the mid-thigh. The body of the wetsuit is constructed of two layers of knit nylon with expanded neoprene in between. There is a knit nylon lycra collar, knit nylon lycra sleeves with gripper elastic, and knit nylon lycra inserts along the length of each side extending to the lower front thigh. The bottom of the thigh also features gripper elastic. The wetsuit has a back zipper with a 23-inch textile zipper pull featuring the trade name "BARE".

Style Neoflex Short is a woman's garment designed for warm water sports. The shorts have leg separations and extends from the waist to the mid-thigh. The body of the garment is composed of two layers of knit nylon with expanded neoprene in between. There are knit nylon lycra inserts on the lower front thighs. The waist and thighs feature gripper elastic. on the left thigh there is a plastic emblem with the trade name "BARE".

Style Flex Solarguard is a woman's short-sleeved pullover top designed to be worn for warm-water sports. The pullover extends to the waist and is constructed of a knit nylon lycra fabric. The garment has a mock turtleneck collar and gripper elastic on the sleeves.

Style Flex Swim is a man's lined bikini swimsuit constructed of a knit nylon lycra fabric. The swimsuit features a drawstring tightening at the waist.

Style Neoflex Swimskin is a woman's one-piece garment designed to be worn for warm water sports. The garment is sleeveless, has leg separations and extends to below the knee. At the top of the garment there is a knit nylon lycra insert on the front and back which has a rounded neckline and tank top style straps.

The samples are being returned to you.

The applicable subheading for Style Neoflex Spring will be 6113.00.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for Style Neoflex Short will be 6113.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for Style Flex Solarguard will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, women's, tops. The duty rate will be 30 percent ad valorem.

The applicable subheading for Style Flex Swim will be 6112.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for swimwear, knitted or crocheted, men's swimwear, of synthetic fibers. The duty rate will be 27.6 percent ad valorem.

The applicable subheading for Style Neoflex Swimskin will be 6113.00.0012, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, other. The duty rate will be 7.6 percent ad valorem.

Goods classifiable under subheading 6113.00.0085, HTS, which have originated in the territory of Canada, will be entitled to a 5.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6113.00.0090, HTS, which have originated in the territory of Canada, will be entitled to a 5.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6114.30.1020, HTS, which have originated in the territory of Canada, will be entitled to a 21 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6112.31.0010, HTS, which have originated in the territory of Canada, will be entitled to a 19.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6113.00.0012, HTS, which have originated in the territory of Canada, will be entitled to a 5.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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