NY 894461 - The tariff classification of a man's wetsuit top and pair of "high" pants from China - United States International Trade Commision Rulings

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NY 894461

FEBRUARY 24, 1994

CLA-2-62:S:N:N5:357 894461

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.0084; 6113.00.0044

Mr. James D. Heiden
InterSource
2500 Yarrow Court
Boulder, CO 80303

RE: The tariff classification of a man's wetsuit top and pair of "high" pants from China

Dear Mr. Heiden:

In your letter dated January 27, 1994, on behalf of the importer Sport Chalet Sporting Goods, you requested a classification ruling.

Two samples have been submitted as follows: Style number 1774-1 is a man's wetsuit top and style number 1775-1 is a man's pair of wetsuit "high" pants. Both garments are constructed of two outer surface layers of knit nylon fabric with expanded neoprene rubber laminated in between. You have indicated in your letter that the primary purpose of the garments is skin diving.

Style number 1774-1 is a long-sleeved body-forming garment with a stand-up collar and a full front opening secured by a heavy-duty zipper closure. At the bottom of the garment there is a beaver tail with a "VELCRO"-type fastener. The beaver tail extends from the back of the garment through the leg opening and fastens at the front of the garment.

Style number 1775-1 is a body-forming garment. The garment has leg separations and extends from above the waist to the ankles.

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

The applicable subheading for style number 1774-1 will be 6113.00.0084, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907 other: other: men's or boys'. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for style number 1775-1 will be 6113.00.0044, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907 other: men's or boys', trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

Style number 1774-1 falls within textile category designation 659-0. Style number 1775-1 falls within textile category designation 647. Based upon international textile trade agreements products of China 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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