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NY C84222




March 4, 1998

CLA-2-62:RR:NC:WA:357 C84222

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065; 6210.40.5040; 6406.10.9040

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

RE: The tariff classification of a man's unfinished neoprene chest wader; three men's neoprene stocking foot chest waders; a man's woven stocking foot chest wader; gravel guards and repair kits from China, Taiwan, Hong Kong and the Philippines; Composite Goods

Dear Ms. Trout:

In your letter dated January 29, 1998, on behalf of International Marketing Specialist dba Fly Technologies, you requested a classification ruling.

The following five samples submitted are typically worn by hunters and fishermen. They are designed to be worn over other clothing and provide waterproof protection and warmth in lakes, streams and rivers.

Model numbers 2623, 2041, 2030 and 2603 are constructed of one layer of knit nylon fabric on the outer surface and one layer of knit nylon fabric on the inner surface with 3.5mm of expanded neoprene rubber laminated in between.

Item #1, Model number 2623, is a man's one-piece chest wader without boot which extends to above the ankle. In a phone conversation you stated that the garment will be imported into the U.S. in an unfinished state as represented by the submitted sample and that after importation rubber boots will be glued to the bottom of each leg. The boots will not be imported with the waders. We presume from the way that the leg bottom openings are finished, with an inside edge of tapered exposed neoprene, that this article must be completed for commercial purposes only by being attached by vulcanization to the tops of a pair of rubber boots, after importation. If this is not the case, then the classification of this item is subject to change. The garment has a camouflage design on the outer surface. The top of the wader is cut straight across the chest and back. The garment has adjustable textile web suspenders which are secured at the front by plastic buckles. The garment has a front hand warmer pocket and neoprene padded knees.

Item #2, Model number 2041, item #3, Model number 2030, and item #4, Model number 2603, are three men's one-piece stocking foot waders with reinforcement in the foot area.

Model number 2041 has a round neckline on the front and back panels and is secured on the shoulders by two straps with "VELCRO"-type fasteners. There are two plastic D-rings hanging from textile loops on the garment's front panels below the shoulder straps and one plastic D-ring hanging from a textile loop on the garment's back panel below the neckline. The garment has a front handwarmer pocket which features the "Fly Tech" logo, neoprene padded knees and a stocking foot at the bottom of each trouser leg.

Model number 2030 is cut straight across the chest. The back panel is cut round and extends higher than the front panel. The garment is secured by adjustable textile web suspenders which fasten at the front by plastic buckles. There are two plastic D-rings hanging from textile loops on the front of the garment and one plastic D-ring hanging from a textile loop on the back. The garment has a large front pocket secured by a flap with a "VELCRO"-type fastener, neoprene padded knees and a stocking foot at the bottom of each trouser leg. The logo "Caddis" is featured on the front pocket and on the rear portion of the suspenders.

Model number 2603 has a camouflage design on the outer surface and is cut straight across the chest. The back panel is cut round and extends higher than the front panel. The garment has a front handwarmer pocket and is secured by adjustable textile web suspenders which fasten at the front by plastic buckles. The pocket and the suspenders feature the "Fly Tech" logo. There are two plastic D-rings hanging from textile loops on the front of the garment and one plastic D-ring hanging from a textile loop on the back panel. The garment has neoprene padded knees and a stocking foot at the bottom of each trouser leg.

Item #5, Model number 2420, is a man's one-piece stocking foot chest wader constructed of a woven 100% nylon fabric with a waterproof visible PVC backing. The garment is cut round at the top both on the front and back panels and has elastic gathering on each side. The garment has a front pocket secured by a flap with "VELCRO"-type fasteners and adjustable textile web suspenders which fasten at the front by plastic buckles. The front pocket and the rear portion of the suspenders feature the "Fly Tech" logo. There is a plastic D-ring hanging from a textile loop on the back panel. The garment has neoprene socks glued to the nylon garment at the ankle.

Imported with the neoprene chest waders will be a pair of gravel guards and a repair kit. Imported with the woven nylon chest wader will be a pair of gravel guards. The gravel guards are composed of two layers of knit nylon fabric with neoprene rubber laminated in between. They are rectangular in shape and are secured around the ankle by "VELCRO"-type fasteners. They are worn to prevent gravel from entering the boot top.

The repair kit is composed of a neoprene patch, a tube of glue and a strip of adhesive tape. The repair kit is used to repair a leak due to accidental puncture.

The gravel guards and repair kits imported and sold with the garments are composite goods. The classification is based on which portion provides the essential character. In this case it is the chest waders. Therefore, the gravel guards and repair kit are not regarded as separate items for duty or quota purposes. The applicable subheading for model number 2623 will be 6406.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of footwear (including uppers whether or not attached to soles other than outer soles); Uppers and parts thereof, other than stiffeners: other: other: other: Of textile materials other than cotton: Of man-made fibers. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for model numbers 2041, 2030 and 2603 will be 6113.00.9065, 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 overalls and coveralls: other: men's or boys'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for model number 2420 will be 6210.40.5040, 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 men's or boys' garments: of man-made fibers: other overalls and coveralls. The duty rate will be 7.4 percent ad valorem.

Model numbers 2041, 2030, 2603 and and 2420 fall within textile category designation 659. Model number 2623 falls within textile category designation 669. Based upon international textile trade agreements products of China, Taiwan, Hong Kong and the Philippines 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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