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NY L88008




October 26, 2005

CLA-2-62:RR:NC:WA:357 L88008

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9065

Ms. Debbie Carchidi
Quiksilver Americas, Inc.
15202 Graham Street
Huntington Beach, CA 92649

RE: The tariff classification of two men’s neoprene wetsuits from Thailand

Dear Ms. Carchidi:

In your letter dated October 3, 2005, you requested a classification ruling.

Two samples were submitted as follows: style number XCF417MG is a man’s full-body wetsuit constructed of one layer on the outer surface of a flat knit 80% nylon/20% spandex fabric and one layer on the inner surface of a flat knit 80% nylon/ 20% spandex fabric with an expanded neoprene rubber laminated in between. The wetsuit has an insert in the center portion of the chest area that is composed of a neoprene rubber on the outer surface and of a 56% polyolefin/36.5% nylon/7.5% spandex “Hollow Fiber Textile” on the inner surface, which are bonded together to give the garment flexibility and to protect against wind chill. The wetsuit has a rear insert on each side of the zipper area that is composed of a layer of neoprene rubber on the outer surface and a layer of a flat knit 80% nylon/20% spandex fabric on the inner surface that are bonded together.

Style XCF324MG is a man’s full-body wetsuit constructed of one layer on the outer surface of a flat knit 80% nylon/20% spandex fabric and one layer on the inner surface composed of a flat knit 56% polyolefin/36.5% nylon/7.5% spandex “Hollow Fiber Textile” fabric on a majority of the front and rear portions of the body area, on the legs and under the arms, and with an expanded neoprene rubber laminated in between. An insert on the upper portion of the front panel, on the upper portion of each sleeve and on the rear panels on each side of the zipper area is constructed of one layer on the outer surface of a neoprene rubber and one layer on the inner surface of a flat knit 80% nylon/20% spandex fabric.

Each wetsuit is a one-piece, tightly fitted full-body garment that has a rear opening which extends from the neck to the waist area in length. The rear opening is secured by a zipper closure with a 19-inch textile pull and by a tab and a hook and loop fastener on the rear portion of the collar area. The garments have long sleeves, a stand-up collar and long legs that feature an overlay pad at the knees. The “Quicksilver” logo and tradename is featured on various areas of the garments.

The applicable subheading for both wetsuits 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, 5907: other: overalls and coveralls: other: men’s or boys’. The duty rate will be 7.1 percent ad valorem.

Both wetsuits fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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