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NY K86331




June 28, 2004
CLA-2-61:RR:NC:WA:357 K86331

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 pullover from Hong Kong

Dear Ms. Fenske:

In your letter dated May 26, 2004, you requested a classification ruling.

The sample submitted, style number 54911 “Men’s Hooded Vest”, is a man’s pullover wetsuit top 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 pullover has an insert surrounding the neck area composed of one layer on the outer surface of rubber and one layer on the inner surface of a flat knit 100% nylon fabric. The garment will be used primarily in scuba diving-type activities.

The pullover is a one-piece, tightly fitted garment that is sleeveless and covers the upper torso extending to the hip area in length. The pullover has an integral hood that covers the entire head and chin area with a cutout opening in the front of the hood that exposes the face area. The “Deep See Quantum Stretch” logo is featured on the center portion of the front chest.

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

The applicable subheading for the garment will be 6113.00.9084, 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: men’s or boys’. The duty rate will be 7.1 percent ad valorem.

The pullover 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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