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NY C81587




December 9, 1997

CLA-2-62:RR:NC:3:353 C81587

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5040; 6113.00.1012

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

RE: The tariff classification of jet ski and under water diving apparel from Japan, Taiwan, and Thailand.

Dear Mr. Trout:

In your letter dated November 10, 1997, on behalf of Mobby's USA, Inc., you requested a classification ruling.

Four samples were submitted with your request. Item#1 -G-Force Dry Suit, is a coverall unisex garment, designed for 100% waterproof protection while jet skiing. The back of the garment is zippered horizontally and is worn over other clothing. It is constructed of a woven 100% nylon outer shell which is PVC coated underneath. The collar, sleeve ends and rubber pods are glued and sewed-in latex rubber, which keeps water from coming into the suit. The rubber pods are made to be worn in boots. The sleeves and ankles can be adjusted with a hook and loop fastener.

Item#2- Armor Shell Dry Bib is a unisex coverall designed for 100% waterproof protection while deep sea diving. It is constructed of a woven 100% nylon outer shell which is PVC coated underneath. The suit zips horizontally on the front of the garment. The collar and sleeve ends are glued-in latex rubber, which keeps water from coming into the suit. They extend from the leg of the garment, are permanently glued latex rubber boots. The sleeves and ankles can be adjusted with a hook an loop fastener. The upper portion of the garment has an inlet/outlet valve for an air hose attachment.

Item#3- Twin Shell Dry Abyss is a unisex coverall consisting of 100% woven Cordura nylon fabric. It is designed to fit over Mobby's inner shell, which is Item#4. Without the inner shell, it has no water proof capabilities. It is a protective covering for the inner shell, providing durability against scratches and tears during diving. The suit basically cannot function without the inner shell. The main reason for ther outer and the inner shell not being imported, is the outer will give the diver choices of color variatiion and the possibility of a heavier suit to install when the water temperature changes with the seasons. The suit comes with pockets, outer belt, water-drain and ankle zipper and has no enclosed feet. It has hook and loop tabs to allow the inner shell to be securely fitted into place.

Item#4- Inner Shell is a coverall made from 100% knit polyester fabric coated with PVC which completely obscures the underlying fabric. The neck and wrist seals of the suit are made from latex rubber, a feature which keeps water from entering the suit. It has an inlet and outlet valve for attachment o an air hose. The suit also offers glued in vulcanized rubber boots wih a foot valve for exhaust. This inner shell fits underneath the above twin shell, allowing the suit to be 100% waterproof. It fastens into place with hook and loop strips around the zipper and valves. This suit will be imported separately from the twin shell.

Since items#'s 3 and 4 will be imported and sold separately, both items will be classified separately.

The applicable subheading for Item#'s 1, 2 and 3 the will be 6210.50.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women's or girls' garments: Of man-made fibers: Other, Overalls and coveralls. The duty rate will be 7.4% ad valorem.

The applicable subheading for Item#4 will be 6113.00.1012, 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: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other. The rate of duty will be 6.5% ad valorem.

Items 1,2,3 fall within textile category designation 659. Based upon international textile trade agreements products of Japan are not subject to quota and the requirement of a visa. Products of Taiwan and Thailand are subject to quota and a requirement of 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 Martin Weiss at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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