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NY C81568




December 3, 1997

CLA-2-61:RR:NC:WA:357 C81568

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9044; 6113.00.9030; 6113.00.9070;

Ms. Dana L. Trout
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, TX 75261

RE: The tariff classification of a woman's neoprene two-piece wetsuit, a man's neoprene two-piece wetsuit, a woman's neoprene short-john, a unisex neoprene tour coat and a man's long sleeved pullover from Japan, Taiwan and Thailand

Dear Ms. Trout:

In your letter dated November 3, 1997, on behalf of Mobby's USA, Inc., you requested a classification ruling.

The samples and catalog you submitted are for five items which are as follows: Item # 1, "Stormrider 2-piece wetsuit", consists of a woman's one-piece sleeveless long-john and a separate jacket. The long-john and the jacket are constructed of a knit fabric on both the interior and exterior surfaces with a neoprene rubber laminated in between.

The long-john is a full-length garment which has leg separations and extends from the shoulders to the ankles. The garment features a round neckline on the front panel with straps that extend over the shoulders and criss-cross on the back. On each ankle there is a zipper opening with a "VELCRO"-type fastener. A PVC pad protection on the knees offers added abrasion resistance. The "Mobby's Stormrider" logo is featured on each side of the garment extending from the waist to above the knee area. You indicate that the long-john can be worn with or without the jacket.

The jacket is waist-length and has long sleeves, a stand-up collar and a full front opening secured by a zipper closure. The "Mobby's" logo is featured along the length of each sleeve.

Item #2, "G-Force 2-piece wetsuit", consists of a long sleeve waist-length jacket and a separate pair of trousers. In a phone conversation you requested the classification for the men's version and indicated that the "G-Force 2-piece wetsuit" is composed of the same fabric construction (a knit fabric on both the interior and exterior surfaces with a neoprene rubber laminated in between) as Item #1 the "Stormrider 2-piece wetsuit". You also submitted in lieu of a sample a catalog depicting how the "G-Force 2-piece wetsuit" is composed and worn. The jacket has a stand-up collar and a full front opening secured by a zipper closure. A left-over-right overlapping flap is secured on the side of the front panel by three tabs with "VELCRO"-type fasteners. One tab is on the collar and two are on the front panel. The "G-Force Mobby's" logo is featured across the front panel.

The trousers extend from the waist to the ankles, and there are pad protections on the knees and shins for added abrasion resistance. There is a zipper opening and a tab with a "VELCRO"-type fastener at the bottom of each trouser leg. The logo "Mobby's G-Force" is featured on each side of the garment extending from the waist to above the knee area.

Item #3, "Stormrider short-john", is a one-piece sleeveless garment which has leg separations and extends from the shoulders to the lower thigh area. In a phone conversation you indicated that the garment is women's. The short-john is constructed of a knit nylon fabric on both the interior and exterior surfaces with a neoprene rubber laminated in between. The garment has a round neckline on the front panel with straps that extend over the shoulders and criss-cross on the back. The "Mobby's Stormrider" logo is featured on each side of the short-john extending along the length of the thigh.

Item #4, "G-Force Tour Coat", is a thigh-length unisex jacket constructed of a knit nylon fabric on both the interior and exterior surfaces with a neoprene rubber laminated in between. The jacket features a full front opening secured by a zipper closure, an integral hood with a drawcord tightening and long sleeves with a "VELCRO"-type fastener on the sleeve cuffs. The garment has two front pockets with zipper closures located below the waist and two back vents with zipper closures on the bottom hem. The logo "G-Force Tour Coat" is featured on the left chest and on the upper portion of the back panel.

The samples are being returned to you.

The applicable subheading for the "Stormrider 2-piece wetsuit" jacket will be 6113.00.9030, 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 and jackets: Other: women's or girls'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the "Stormrider 2-piece wetsuit" long-john will be 6113.00.9070, HTS, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other overalls and coveralls: Other: women's or girls'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the "G-Force 2-piece wetsuit" jacket will be 6113.00.9025, HTS, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other coats and jackets: Other: men's or boys'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the "G-Force 2-piece wetsuit" trousers will be 6113.00.9044, HTS, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other trousers, breeches and shorts: Other: mens or boys'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the "Stormrider short-john", will be 6113.00.9070, HTS, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Overalls and coveralls: Other: women's or girls'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the "G-Force Tour Coat" will be 6113.00.9030, HTS, which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other coats and jackets: Other: women's or girls'. The duty rate will be 7.4 percent ad valorem.

Your request for classification of Item #5, style "Rash Guard", which is a man's waist-length long-sleeve pullover constructed of a "4-way stretch lycra" composed of a knit 80% nylon/20% polyester fabric is being forwarded to our Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennslvania Avenue, N.W., Washington, D.C. 20229, for their review. If you have any questions regarding the "Rash Guard", contact National Import Specialist M. Ryan at 212-466-5877.

The "Stormrider 2-piece wetsuit" jacket falls within textile category designation 635. The "Stormrider 2-piece" long-john falls within textile category designation 659. The "G-Force 2-piece wetsuit" jacket falls within textile category designation 634. The "G-Force 2-piece wetsuit trousers fall within textile category designation 647. The "Stormrider short-john" falls within textile category designation 659. The "G-Force Tour Coat" falls within textile category designation 635. Based upon international textile trade agreements products of Japan, Taiwan, and Thailand 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,

Robert B. Swierupski
Director,

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