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NY C87510




May 28, 1998

CLA-2-61:RR:NC:3:TA:358 C87510

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044; 6113.00.9052

Ms. Ralph M. Navedo
Inter-Maritime Forwarding Company Incorporated 156 William Street
New York, NY 10038-2689

RE: The tariff classification of a wet suit pant from Korea.

Dear Mr. Navedo:

In your letter dated May 8, 1998, on behalf of Breaking Waves, Inc., you requested a classification ruling.

Your submitted sample, style 62028, is a wet suit pant. The garment is constructed of three layers, an outer surface and an inner surface composed of a knit man-made fabric with neoprene rubber laminated in between. The bottom features a stand-up waist with a hook and loop fastener at the waist, a heavy duty front zipper and an inner flap. The bottom has leg separations and extends from just above the waist to just above the knee. The words "Jet Ski Watercraft" are printed vertically on the right leg panel. The submitted sample is in boy's sizes 8-20. You have indicated you will be importing the same garment in boy's sizes 4-7, girl's size 4-6X and girl's sizes 7-16. The style number for girl's sizes 7-16 will be the same as above. Boy's sizes 4-7 and girl's sizes 4-6X will be style 61028.

The applicable subheading for style 62028 (boy's 8-20) and style 61028 (boy's sizes 4-7) will be 6113.00.9044, 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: men's or boys'. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style 62028 (girl's 7-16) and style 61028 (girl's sizes 4-6X), 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 7.4 percent ad valorem.

Styles 62028 and 61028 (boy's) fall within textile category designation 647. Styles 62028 and 61028 (girl's) fall within textile category designation 648. Based upon international textile trade agreements products of Korea are subject to visa requirements and quota restraints.

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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski
Director

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