The tariff classification of a woman's wetsuit jacket and pair of "high" pants from China

NY 894937 MARCH 4, 1994 CLA-2-62:S:N:N5:357 894937 CATEGORY: Classification TARIFF NO.: 6113.00.0030; 6113.00.0052 Mr. James D. Heiden InterSource 2500 Yarrow Court Boulder, CO 80303 RE: The tariff classification of a woman's wetsuit jacket and pair of "high" pants from China Dear Mr. Heiden: In your letter dated February 17, 1994, on behalf of the importer Sport Chalet Sporting Goods, you requested a classification ruling. Two samples have been submitted as follows: Style number 1776-1 is a woman's wetsuit jacket and style number 1777-1 is a woman's pair of wetsuit "high" pants. Both garments are constructed of two outer surface layers of knit nylon fabric with expanded neoprene rubber laminated in between. You have indicated in your letter that the primary purpose of the garments is skin diving. Style number 1776-1 is a long-sleeved body-forming garment with a stand-up collar and a full front opening secured by a heavy-duty zipper closure. At the bottom of the garment there is a beaver tail with a "VELCRO"-type fastener. The beaver tail extends from the back of the garment through the leg opening and fastens at the front of the garment. Style number 1777-1 is a body-forming garment. The garment has leg separations and extends from above the waist to the ankles. Each leg features an overlaid neoprene rubber knee pad with nine vinyl strips. The samples are being returned to you as you have requested. The applicable subheading for style number 1776-1 will be 6113.00.0030, 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: women's or girls', coats and jackets. The duty rate will be 7.6 percent ad valorem. The applicable subheading for style number 1777-1 will be 6113.00.0052, 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: women's or girls', trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem. Style number 1776-1 falls within textile category designation 635. Style number 1777-1 falls within textile category designation 648. 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