The tariff classification of two men's wetsuits from China,Taiwan and/or Thailand

NY 873533 MAY 11, 1992 CLA-2-62:S:N:N3I:357 873533 CATEGORY: Classification TARIFF NO.: 6113.00.0065; 6113.00.0084 Mr. Thomas J. Schmidt Stearns Manufacturing Company P.O. Box 1498 St. Cloud, Minnesota 56302 RE: The tariff classification of two men's wetsuits from China, Taiwan and/or Thailand Dear Mr. Schmidt: In your letter dated April 13, 1992, you requested a classification ruling. Two samples were submitted as follows: Style C-201-Steamer and Style C202-Shorty are two wetsuits. The wetsuits are constructed of contrasting colored panels composed of two layers of knit nylon fabric laminated to expanded neoprene rubber in between. The panels are sewn together by flat seam stitching. According to your letter the wetsuits are designed for use by water enthusiasts for surfing, waterskiing and jet skiing. In the absence of evidence that these wetsuits are designed and marketed as unisex garments, classification for the garments will be as men's. Style C201-Steamer is a long-sleeved one-piece wetsuit. The wetsuit has leg separations and extends from the neck to the ankle. The garment has a stand-up collar and a front opening secured by a heavy-duty zipper. The zipper opening is approximately 20 inches in length. Each leg features a kneepad with 9 diagonal rubber strips. Style C202-Shorty is a short-sleeved one-piece wetsuit. The wetsuit has leg separations and extends from the neck to the mid- thigh. The garment has a stand-up collar and a front opening secured by a heavy-duty zipper. The zipper opening is approximately 20 inches in length. At the bottom of the thighs there is an adjustable textile band tightening secured by a plastic buckle. The samples are being returned to you. The applicable subheading for Style C201-Steamer 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 applicable subheading for Style C202-Shorty will be 6113.00.0084, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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 7.6 percent ad valorem. Style C201-Steamer and Style C202-Shorty fall within textile category designation 659. Based upon international textile trade agreements products of China, Taiwan and/or Thailand 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