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NY A87595




September 26, 1996

CLA-2-62:RR:NC:WA:357 A87595

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9052

Ms. Sheryl L. Williams
Deep See, Inc.
18935 59th Ave. NE
Arlington, WA 98223

RE: The tariff classification of a unisex pair of neoprene shorts from China

Dear Ms. Williams:

In your letter dated August 30, 1996, you requested a classification ruling.

The sample submitted, style number 8640, is a unisex pair of neoprene shorts. The shorts are constructed of contrasting colored inserts composed of two layers of a knit nylon fabric laminated to a 2mm thick neoprene rubber in between. The inserts on the garment's front panel and the waistband are constructed of two layers. The two layers are composed of a 2mm thick neoprene rubber on the outer surface laminated to a knit nylon fabric on the inner surface. You state that the exact same garment will also be imported under style number 8641 in a solid black color. The shorts are pull-on with leg separations and extend from the waist to the thighs. The shorts are primarily used by paddlers for warmth and protection.

The garment is being returned to you.

If the shorts are sold to both males and females and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS subheading covering women's garments.

The applicable subheading for the shorts will be 6113.00.9052, 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 trousers, breeches and shorts: other women's or girls'. The duty rate will be 7.5 percent ad valorem.

The shorts fall within textile category designation 648. 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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