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NY G83077




October 17, 2000

CLA-2-61:RR:NC:TA:357 G83077

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065; 6113.00.9070

Ms. Charlotte Linders
Deep See, Inc.
18935 59th Ave NE
Arlington, WA 98223

RE: The tariff classification of wetsuits from Hong Kong

Dear Ms. Linders:

In your letter dated October 3, 2000, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 8510 and 8514 in men’s, depending on color, and 8804 and 8809 in women’s, also depending on color, is a full-body wetsuit composed of neoprene rubber and knit nylon fabric. The body of the suit is made from 3mm material, while the arms and legs are of 2mm material. The portion covering the chest consists of two-layer fabric with rubber on the exterior. The remainder of the torso and the portions covering the arms and legs are of a three-layer construction with textile fabric forming the inner and outer layers, and having expanded neoprene in the center. In the shoulder areas and behind the knees the fabric has a ribbed appearance.

The suit features a high collar, a back zipper with a long fabric strap attached to the zipper pull to facilitate opening and closing the zipper, overlays on the knees and a company logo embossed on the back. You indicated that the suits will be used for diving and that suits for men and for women will be cut to different specifications.

The applicable subheading for styles 8510 and 8514 will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ overalls and coveralls, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for styles 8804 and 8809 will be 6113.00.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ overalls and coveralls, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.3 percent ad valorem.

All of these style numbers fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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