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NY J86184




July 14, 2003

CLA-2-62:RR:NC:WA:357 J86184

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044; 6113.00.9052

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

RE: The tariff classification of a woman’s pair of neoprene shorts from China

Dear Ms Fenske:

In your letter dated June 11, 2003, you requested a classification ruling.

The sample submitted, style name “2mm Shorts”, is a woman’s pair of shorts designed for water sport activities such as kayaking or paddling. The shorts are 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 a pull-on pair of shorts that are tightly fitted, extend from the waist to the mid-thigh and have leg separations. The garment’s waist, which has an inner drawcord tightening, is cut straight across in the front and is cut round and is higher in the rear. The shorts have an elastic capping fabric at the bottom edge of the thigh area and feature the “Warmers” logo on the lower portion of the left thigh.

In your letter and in a phone conversation you indicated that the same shorts constructed of the identical fabric as the sample submitted will also be imported under style name “2mm Shorts” in men’s sizes.

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

The applicable subheading for the shorts will be 6113.00.9052, 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: trousers, breeches and shorts: other: women’s or girls’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the neoprene men’s shorts if constructed of the identical fabric, will be 6113.00.9044, 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: trousers, breeches and shorts: other men’s or boys’. The duty rate will be 7.2 percent ad valorem

The woman’s shorts fall within textile category designation 648. The men’s shorts fall within textile category designation 647. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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