The tariff classification of a man's wetsuit from China

NY 804723 December 14, 1994 CLA-2-62:S:N:N5:357 804723 CATEGORY: Classification TARIFF NO.: 6113.00.0065 Mr. Alex Caviglia Adventure Sports, Incorporated 1607 N W 84th Ave. Miami, FL 33126 RE: The tariff classification of a man's wetsuit from China Dear Mr. Caviglia: In your letters dated October 27, and November 17, 1994, you requested a classification ruling. The sample submitted, type VI, Pro-Am Series suit PA202, is a man's wetsuit. A portion of the wetsuit which is located on the upper torso's front and back panels is constructed of one layer of neoprene rubber on the outer surface laminated to a knit lycra/nylon fabric on the inner surface. The remainder of the garment is constructed of three layers, an outer surface and an inner surface composed of a knit lycra/nylon fabric with expanded neoprene rubber laminated in between. You indicated in your letter that the wetsuit will be used by windsurfers. The wetsuit is a short-sleeved body-forming garment that has a stand-up collar with a "VELCRO"-type fastener at the back of the neck. There is a heavy-duty back zipper with a pull strap and an inner flap. The garment has leg separations and extends from the neck to above the ankle. The "Neil Pryde" trade name is featured across the front panel, on the right back panel, on the right back thigh and on the left front sleeve. The left leg and the right sleeve feature "PA 202 shorty". Overlay neoprene knee pads are on each leg. The sample is being returned to you. The applicable subheading for style PA202 will be 6113.00.0065, 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 7.6 percent ad valorem. The wetsuit falls within textile category designation 659. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa. 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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport