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NY H86016




December 10, 2001

CLA-2-62:RR:NC:WA:357 H86016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9030

Mr. Ricky C. S. Au Yeung
Au-Yeung, Cheng, Ho & Tin
14/F. & Rm. 1905
Far East Consortium Bldg.
121 Des Voeux Rd.
Central, Hong Kong

RE: The tariff classification of a neoprene jacket from Hong Kong

Dear Mr. Au Yeung:

In your letter received in this office December 4, 2001, on behalf of Smartraders Limited, you requested a classification ruling.

The sample submitted is a hip-length wetsuit jacket that is constructed of one layer on the outer surface composed of a knit 100% nylon fabric and one layer on the inner surface composed of a knit 100% nylon fabric with an expanded neoprene rubber laminated in between. The garment is designed to be worn for water sports, swimming and diving.

The jacket is tightly fitted and features a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar, long hemmed sleeves and a hemmed bottom. The “Polaris” logo is located on the left chest and on the lower portion of each sleeve.

The sample is being returned to you.

If the garment is made for men’s wear then the applicable subheading for the jacket will be 6113.00.9025, 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 coats and jackets: other men’s or boys’. The duty rate will be 7.2 percent ad valorem. For 2002 the duty rate is unchanged.

If the garment is made for women’s wear then the applicable subheading for the jacket will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 and 5907: other coats and jackets: other women’s or girls’. The duty rate will be 7.2 percent ad valorem. For 2002 the duty rate is unchanged.

If the jacket is made for men’s wear it falls within textile category designation 634. If the jacket is made for women’s wear it falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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