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NY K86063




June 10, 2004
CLA-2-62:RR:NC:WA:357 K86063

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

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

RE: The tariff classification of a man’s neoprene wetsuit from the Philippines

Dear Ms. Fenske:

In your letter dated May 6, 2004, you requested a classification ruling.

The sample submitted, style number 97-8940 “Men’s 5/4/3/MM”, 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, full-body garment that has a rear opening that extends from the neck to below the waist area in length. The rear 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 garment has long sleeves, a stand-up collar and long legs that have an overlay padding at the knees and an opening with a gusset at the ankles that is secured by a zipper closure. The garment is bound with a capping fabric at the edges. The “Comp” trademark is featured on the left sleeve and the logo “Power Flex 5 4 3 MM is on the right thigh.

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

The applicable subheading for the wetsuit will be 6113.00.9065, 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: 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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