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NY C89080


July 2, 1998

CLA-2-61:RR:NC:WA:357 C89080

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

Mr. Michael Grupa

Stearns, Inc.

P.O. Box 1498

St. Cloud, MN 56302

RE: The tariff classification of incomplete neoprene waders from China, Taiwan and the Philippines

Dear Mr. Grupa:

In your letter dated June 15, 1998, you requested a classification ruling.

The item in question, article number 001-WD-009, is sleeveless and extends to the upper chest. It 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 on the upper chest which features the "Fly Tech" logo and neoprene padded knees. The wader is 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. The bottoms of the waders are not finished.

According to information you provided, the waders may be sold as is or finished in any of three ways, according to the designation of your customer, as follows:

1) Attach a hard rubber insulated boot;

2) Attach stocking foot made of neoprene;

3) Add rubber "gaskets" to the ankles.

The applicable subheading for the incomplete wader will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for other overalls and coveralls made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton, men's or boys'. The duty rate will be 7.4 percent ad valorem.

These waders fall within textile category designation 659. Based upon international textile trade agreements products of China, Taiwan and the Philippines are subject to quota 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,


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