The tariff classification of a man’s neoprene Farmer John wetsuit from the Philippines

NY K84759 April 30, 2004 CLA-2-61:RR:NC:WA:357 K84759 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 April 5, 2004, you requested a classification ruling. The sample submitted, style number 8745, is a man’s “Farmer John” 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 will be used primarily in scuba diving- type activities. 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 and an opening on each shoulder that is secured by a hook and loop fastener. Each leg has overlay padding at the knees and an opening with a gusset at the ankle that is secured by a zipper closure. The garment is bound with a capping fabric at the edges. The “Deep See” logo is featured on the center portion of the chest area and on the left ankle. The sample is being returned to you as you have requested. The applicable subheading for the 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, National Commodity Specialist Division