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NY 888944




AUGUST 26, 1993

CLA-2-62:S:N:N5:357 888944

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0065; 6113.00.0025

Mr. Francisco Gomez, Jr.
Richard L. Jones Tecate, Inc.
P.O. Box 970
Tecate, CA 91980

RE: The tariff classification of a man's wetsuit from Mexico

Dear Mr. Gomez:

In your letter dated July 29, 1993, on behalf of your client Cal Mar S.A. de C.V., you requested a classification ruling.

The sample submitted, style number SRM101, is a man's two- piece "Free Rider" "John" overall and jacket. Both the jacket and overall are constructed of two layers of knit nylon fabric with expanded neoprene rubber in between.

The overall is sleeveless and covers the entire body to the ankles. The garment has a front scoop neckline secured by a "VELCRO"-type fastener on the left shoulder. A rubber overlay padding which features the "Jet Pilot" trade name is sewn onto the left and right knee. Along both the left and right leg there is a rubberized heat transfer which also has the "Jet Pilot" trade name. A rubberized heat transfer on the back yoke has the "Free Rider" logo.

The form-fitting jacket has long sleeves and is tapered at the bottom.
The garment has a full front opening secured by a heavy-duty zipper closure. On the jacket's left and right sleeves and shoulders there are rubberized heat transfers. The sleeves feature the "Jet Pilot" trade name, the shoulders have the "Free Rider logo".

The samples are being returned to you as you have requested.

You suggested classification of the garments as a set. Unless a set is specifically named in a heading the goods are to be classified in their own separate headings based on HTS Section XI, Legal Note 13.

The applicable subheading for the overalls 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.

The applicable subheading for the jacket will be 6113.00.0025, 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: coats or jackets: other: men's or boys'.

The overalls fall within textile category designation 659. Based upon international textile trade agreements products of Mexico are not presently subject to quota restraints but a visa is required.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Mexico 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

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