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NY I89751




January 24, 2003

CLA-2-61:RR:NC:3:353 I89751

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1012

Mr. Ned H. Marshak
Sharretts, Paley, Carter, & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of wetsuit from China.

Dear Mr. Marshak:

In your letter dated January 9, 2003, on behalf of Aquaman Triathlon USA, you requested a tariff classification ruling. As requested, you will retrieve the sample from Customs via messenger.

The submitted sample is a neoprene rubber wetsuit constructed of knit nylon fabric that is coated with neoprene rubber (4.5mm thick) that completely obscures the underlying fabric. The long-sleeve, form-fitting garment features a rear zipper closure and a tight fitting neck secured by a hook and loop fastener. The front chest area bears the words “Aquaman Triathlon Bionik.”

The applicable subheading for the neoprene rubber wetsuit will be 6113.00.1012, 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: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric.” The rate of duty will be 4.2% ad valorem.

There are no quota restrictions or visa requirements on this merchandise.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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