NY 873539 - The tariff classification of a man's stockingfoot wader from China, Taiwan and/or Thailand - United States International Trade Commision Rulings

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NY 873539

MAY 13 1992

CLA-2-62:S:N:N3I:357 873539

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0065

Mr. Thomas J. Schmidt
Stearns Manufacturing Company
P.O. Box 1498
St. Cloud, Minnesota 56302

RE: The tariff classification of a man's stockingfoot wader from China, Taiwan and/or Thailand

Dear Mr. Schmidt:

In your letter dated April 13, 1992, you requested a classification ruling.

The sample submitted, style number W216-Stockingfoot Wader, is an overall composed of a three-layer fabric. The garment is constructed of an outer surface composed of a knit nylon fabric, an inner surface composed of a knit nylon fabric and an expanded neoprene rubber laminated in between. According to your letter the stockingfoot wader is used by hunters and fishermen and provides waterproof warmth in lakes, streams and rivers.

In the absence of evidence that this stockingfoot wader is designed and marketed as a unisex garment, classification for the garment will be as men's.

The overall is a one-piece garment. The garment extends from the chest and has leg separations with an attached stockingfoot at the bottom. Above the stockingfoot there is a stitched on overlapping gravel guard. The stockingfoot and the gravel guard are also composed of knit nylon fabric with neoprene rubber laminated in between. On each leg there is a stitched on kneepad featuring 7 horizontal rubber strips. At the top of the overalls there are neoprene shoulder straps secured by adjustable plastic buckles and a stitched on neoprene front pocket secured by a flap with a "VELCRO"-type fastener.

The sample is being returned to you.

The applicable subheading for Style W216-Stockingfoot Wader will be 6113.00.0065, 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, other: overalls and coveralls: other: men's or boys'. The duty rate will be 7.6 percent ad valorem.

Style W216-Stockingfoot Wader falls within textile category designation 659. Based upon international textile trade agreements products of China, Taiwan and/or Thailand are presently subject to quota restraints 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. 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
New York Seaport

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