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NY K86332




June 28, 2004
CLA-2-61:RR:NC:WA:357 K86332

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 Farmer John wetsuit from the Philippines

Dear Ms. Fenske:

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

The sample submitted, style number 53880 “Farmer John”, 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 has an insert in the rear seat area that extends from below the waist to the inner portion of the thighs. The insert is composed of one layer on the outer surface of a waffle-type knit weave 100% nylon fabric and one layer on the inner surface of a flat knit 100% nylon fabric with an expanded neoprene rubber in between. The garment will be used primarily in river rafting, kayaking and paddle sports.

The wetsuit is a one-piece, tightly fitted full-body garment that extends from the shoulders to the ankles and has leg separations. The garment is sleeveless with oversized armholes and has a round neckline on the front panel with a partial double-pull zipper opening at the neck that extends to below the waist area in length. Each leg has overlay padding at the knees and an opening at the ankle that is secured by a zipper closure. The garment is bound with a capping fabric at the edges. The “Warmers” tradename and logo is featured on the left chest and the “Warmers” tradename is on a label sewn onto the right hip area.

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

The applicable subheading for the “Farmer John” 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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