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NY 866895


October 8, 1991

CLA-2-61:S:N:N3:357 866895

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0065

Mr. Jeffry Butler
Rip Curl Wetsuits
580 Airport Road
Oceanside, CA 92054

RE: The tariff classification of men's wetsuits from Mexico

Dear Mr. Butler:

In your letter dated August 29, 1991, you requested a classification ruling. Four samples were submitted and are being returned as you requested.

All of the garments are composed of laminations of textile and expanded or foamed rubber in varying thicknesses. The garments are of three-layer fabric with rubber in the middle and knit textile fabric on both sides or two-layer fabric with textile on the inner surface and rubber on the outside. There also are small portions of three-layer fabric with pile fabric. However, these portions are minor and do not affect the classification of these garments.

The suits, which are used for surfing, are all full-body suits with long sleeves and full leg coverage. Three styles have a zipper in the back extending from the lower back to the neckline. The other has a horizontal chest zipper.

Style 2350 has small pile portions under each arm and on the shoulders. The remainder, except for knee patches of rubber, is three-layer non-pile fabric.

Style 2352 has small pile portions under each arm and on the shoulders and rubber-exposed portions on the chest, the back, the sleeves and the legs. The remainder of the garment is three-layer non-pile fabric.

Style 2356 has small pile portions under each arm and on the shoulders and rubber-exposed portions on the chest, the back, the sleeves and the legs. The remainder of the garment is three-layer non- pile fabric.

Style 2358 also has small pile portions under each arm and on the shoulders and rubber-exposed portions on the chest, the back, the sleeves and the legs. The remainder of the garment is three-layer non-pile fabric.
This garment has a hood of rubber-exposed fabric and a drawstring. It opens by means of a horizontal zipper extending across the chest.

The applicable subheading for the four wetsuits will be 6113.00.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' overalls and coveralls made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.6% ad valorem.

You indicated that these suits will be assembled in Mexico from fabric cut in the United States. The cut parts will be placed in a bag, shipped to Mexico and then glued and sewn to make a finished suit. A partial duty exemption may be made under Heading 9802.00.80 for these fabricated U.S. components assembled in Mexico provided that the documentary requirements of Section 10.11-10.16, Customs Regulations have been met.

These suits fall within textile category designation 659. Based upon international textile trade agreements products of Mexico are subject to 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. Since 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 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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