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NY A89202





December 18, 1996

CLA-2-61:RR:NC:WA:357 A89202

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9084; 6113.00.9086

Ms. Susan Carkeet
Priority One Brokers, Inc.
3419 Trentwood Blvd.
Orlando, FL 32812

RE: The tariff classification of wetsuits from Australia

Dear Ms. Carkeet:

In your letter dated October 15, 1996, on behalf of Intensity Sports, you requested a classification ruling. With your letter you submitted a catalog and swatches.

Four styles are involved, each of which is constructed from a laminated fabric having two layers of knit fabric and a center made from expanded neoprene. Although the catalog indicates that some of the styles are made from other than a 3mm fabric, you indicated in a telephone conversation with the National Import Specialist that the fabric in each garment is 3mm thick.

Style FM8010-Flo-Motion Vest, for women, has a front zipper closure, is sleeveless and extends to approximately the waist. It has additional flotation material in the form of a neoprene lamination sewn into it. Style SW6010-Heater Shirt is a pullover men's garment with long sleeves. Style JS1990-PWC is a sleeveless full-body garment.

For style NP7400, three-buckle neoprene vest, we require a sample of the article in order to issue a classification ruling.

The applicable subheading for styles SW6010 and JS1990 will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5903, 5906 or 5907, other than of cotton, men's or boys'. The duty rate will be 7.5 percent ad valorem. The applicable subheading for style FM8010 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5903, 5906 or 5907, other than of cotton, women's or girls'. The duty rate will be 7.5 percent ad valorem

Based upon international textile trade agreements products of Australia are not subject to quota or the requirement of a visa.

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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