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NY K85500




May 19, 2004
CLA-2-61:RR:NC:WA:357 K85500

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 man’s neoprene Shorty wetsuit from the Philippines

Dear Ms. Fenske:

In your letter dated April 22, 2004, you requested a classification ruling.

The sample submitted, style number 8723 “Shorty”, is a man’s wetsuit constructed of one layer on the outer surface of a flat knit 100% nylon fabric and one layer on the inner surface of a flat knit 100% nylon fabric with an expanded neoprene rubber laminated in between. The garment will be used primarily in scuba diving type activities.

The wetsuit is a tightly fitted one-piece, long sleeved garment that extends from the neck to the mid-thigh and has leg separations. The garment has a stand-up collar and a front zipper opening that extends slightly off-center to the left from the neck to the lower portion of the left thigh. The “Deep See” tradename and logo is on the left chest and on the lower portion of the right sleeve, and the “Deep See” logo and the numbers “3 3” are on the lower portion of the left sleeve. The garment is bound at the edges with a capping fabric.

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

The applicable subheading for the “Shorty” wetsuit will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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 7.1 percent ad valorem.

The wetsuit falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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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