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NY I88708




December 20, 2002

CLA-2-62:RR:NC:WA:357 I88708

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9084

Ms. Genny Fenske
Deep See, Inc.
18935 59th Avenue NE
Arlington, WA 98223

RE: The tariff classification of a textile and neoprene pullover from China

Dear Ms. Fenske:

In your letter dated December 5, 2002, you requested a classification ruling.

The sample submitted, style name “Paddle Shirt,” is a man’s hip-length pullover garment designed to be worn for watersport activities such as kayaking or paddling. The torso portion of the garment is constructed of a shell composed of one layer of a knit 100% nylon fabric on the outer surface and one layer of a ½ mm neoprene rubber on the inner surface which are laminated together. The garment’s sleeves and collar are composed of one layer of a knit 100% lycra fabric. The pullover is fitted and has a stand-up collar, long hemmed sleeves and a hemmed bottom. The “Warmers” logo is featured on the lower portion of the front panel.

The sample is being returned to you as you have requested.

The applicable subheading for the pullover will be 6113.00.9084, 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: other: men’s or boys’. The duty rate will be 7.2 percent ad valorem. The duty rate will remain the same in 2003.

The garment falls within textile category designation 659. Based upon international textile trade agreements products of China 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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