NY 889390 - The tariff classification of two men's wetsuits from Mexico - United States International Trade Commision Rulings

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NY 889390

SEPTEMBER 14, 1993

CLA-2-61:S:N:N5:357 889390

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0065; 6113.00.0025

Ms. Leslie Pembroke
Air-Sea Forwarders, Inc.
4250 Pacific Highway
San Diego, California 92110

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

Dear Ms. Pembroke:

In your letter dated August 9, 1993, on behalf of Jet Pilot Division of Extreme Sport, you requested a classification ruling.

The samples submitted are as follows: JRM 110 is a man's two-piece "Tigershark John" overall and "Tigershark Jacket". Both the overall and pullover jacket are constructed predominantly of two layers of knit nylon fabric with expanded neoprene rubber in between. A portion on the front of the overall extending from the top of the garment to the upper thigh is composed of one layer of knit nylon on the inner surface laminated to neoprene rubber. A portion on the front of the jacket extending from the collar to the waist and a portion on the cuffs and upper back are also composed of one layer of knit nylon on the inner surface laminated to neoprene rubber.

The overall is sleeveless and covers the entire body to the ankles. There is a front scoop neckline secured by a "VELCRO"- type fastener on the left shoulder. Rubber overlay paddings are sewn onto the left and right legs. The ankle cuffs have a zipper opening with a "VELCRO"-type fastener. There is a knit nylon fabric insert on each underarm. A rubberized heat transfer decal featuring the "Jet Pilot" trade name is on the front legs. On the back of the garment there is a heat transfer decal featuring "JP".

The pullover jacket is form-fitting, has long sleeves and is tapered at the bottom. The garment has a mock turtleneck collar and a left side seam zipper opening. Rubberized heat transfer decals featuring the "Jet Pilot" trade name are on the upper and lower portion of each sleeve.

Style FRM 101 is a man's two-piece "Free Rider John" overall and "Free Rider" jacket. Both the overall and jacket are constructed predominantly of two layers of knit nylon fabric with expanded neoprene rubber in between. A portion of the front of the overall extending from the top of the garment to the waist, a portion of the upper back, and a portion of the lower legs is composed of one layer of knit nylon on the inner surface laminated to neoprene rubber.

The overall is sleeveless and covers the entire body to the ankles. There is 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 decal which also features the "Jet Pilot" trade name. A rubberized heat transfer on the upper back 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. There are rubberized heat transfer decals are on the jacket's left and right sleeves. The bottom portion of the sleeves features the "Jet Pilot" trade name. The top portion features the "Free Rider" logo.

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

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 of styles JRM 110 and FRM 101 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 jackets of styles JRM 110 and FRM 101 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 duty rate will be 7.6 percent ad valorem.

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 jackets fall 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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