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NY J87034





August 27, 2003

CLA-2-62:RR:NC:WA:357 J87034

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9086; 6210.50.5020

Mr. Victor J. Juzumas
Victor J. Juzumas Chb., Inc.
Cargo Bldg. #80, Room I04
J.F.K. International Airport
Jamaica, New York 11430

RE: The tariff classification of two unisex pullovers from Turkey

Dear Mr. Juzumas:

In your letter dated July 28, 2003, on behalf of Aquaskinz Corp., you requested a classification ruling.

Two samples were submitted as follows: Style name “The Hurricane” is a thigh-length unisex pullover 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 pullover has a snug stand-up collar composed of one layer on the outer surface of a knit nylon fabric and one layer on the inner surface of a neoprene rubber which are bonded together, long sleeves that have a tightly fitted knit nylon and neoprene rubber insert at the wrist area, an additional tightly fitted knit nylon and neoprene rubber cuff on the inner portion of the wrist area, a pocket on the left sleeve that is secured by a flap with a hook and loop fastener and a label on the lower portion of the right sleeve that features the “AquaSkinz” trademark. The garment also features a label with the “AquaSkinz” trademark and a center pocket secured by a hook and loop fastener on the upper portion of the front panel, a textile belt with a plastic buckle at the waist and a straight cut bottom hem surrounded at the edge with a capping fabric.

Style name “The Evolution” is a unisex hip-length pullover jacket. The jacket has a shell composed of a woven 100% Tactel fabric that has a visible coating on the inner surface and a 7-1/2 inch tightly fitted insert on the lower portion of the front and rear panels that is composed of one layer on the outer surface of a neoprene rubber and one layer of a knit nylon fabric on the inner surface, which are bonded together. The jacket has a snug stand-up collar composed of one layer of a knit nylon fabric on the outer surface and one layer of a neoprene rubber on the inner surface bonded together, long sleeves that have a tightly fitted knit nylon and neoprene rubber insert at the wrist area and an additional tightly fitted knit nylon and neoprene rubber cuff on the inner surface of the wrist area. The jacket features on the upper portion of the front panel a label with the “AquaSkinz” trademark, a center pocket secured by a flap with a hook and loop fastener and two textile loops with a plastic hanging clip. The garment also has a straight cut hemmed bottom with a drawcord tightening.

The garments are marketed to sports shops and fishing suppliers.

The samples are being returned to you.

If the garments are sold to both males and females and cannot be identified as exclusively men’s, then the applicable classification for each garment will be in the HTS subheading covering women’s garments.

The applicable subheading for style “The Hurricane” will be 6113.00.9086, 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: women’s or girls’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style “The Evolution” will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments: of man-made fibers: other anoraks (including ski-jackets) windbreakers and similar articles.

Style “The Hurricane” falls within textile category designation 659. Style “The Evolution” falls within textile category designation 635. Based upon international textile trade agreements products of Turkey are not presently subject to quota restraints or 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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