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NY K83581




March 24, 2004
CLA-2-61:RR:NC:WA:357 K83581

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9070

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

RE: The tariff classification of a woman’s neoprene wetsuit from Hong Kong

Dear Ms. Fenske:

In your letter dated February 23, 2004, you requested a classification ruling.

The sample submitted, style number 55809, is a woman’s full-body wetsuit that is constructed of one layer on the outer surface composed of a flat knit 100% nylon fabric and one layer on the inner surface composed of a flat knit 100% nylon fabric with an expanded neoprene rubber laminated in between. The wetsuit will be used primarily in scuba diving activities.

The wetsuit is a one-piece, tightly fitted body garment that has a rear opening which extends from the neck to below the waist area in length. The back opening is secured by a zipper closure and by a tab with a hook and loop fastener on the rear portion of the collar. The zipper closure has a hanging 25-inch textile pull that features the “Deep See” trade name. The garment has long sleeves, a stand up collar, and long legs that have an overlay pad at the knees and capping fabric at the ankle. The trade name “Deep See” is on the front portion of the collar and on the left portion of the waist area. The logo “Quantum Stretch” is on the center portion of the chest area and the numbers “5 4 3” are on the lower portion of the left sleeve

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

The classification you suggested HTS 6113.00.10 is not applicable. The garment does not have an outer surface coated, covered, or laminated with a rubber or plastics material which completely obscures the underlying fabric.

The applicable subheading for the wetsuit will be 6113.00.9070, 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 overalls and coveralls, women’s or girls’. The duty rate will be 7.1 percent ad valorem.

The wetsuit falls within textile category designation 659. 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 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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