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NY 880541

February 4, 1993

CLA-2-61:S:N:N5:353 880541


TARIFF NO: 6114.30.3060; 6114.30.3070

Ms. Elsa Cervantes
Richard L. Jones Customhouse Broker
475 Railroad Blvd.
P.O. Box 472
Calexico, CA 92231

RE: The tariff classification of a knit pile wetsuit from Mexico.

Dear Ms. Cervantes:

In your letter dated November 6, 1992, on behalf of Fitzwright Company, Ltd., you requested a tariff classification ruling.

The sample submitted, no style # designated, is a wetsuit made from a three-layer textile lamination having a center layer of expanded neoprene with knit textile fabric on the inner and outer surfaces. The outer surface is constructed of nylon jersey knit. It is your contention that the inner fabric is an interlock knit material and not of pile construction. Upon examination we have determined that the inner fabric is of pile construction that has been lightly brushed. Because of its pile construction, the submitted wetsuit is excluded from classification under heading 6113, HTS.

The full-body wetsuit is sleeveless and has full leg coverage. The garment features a gusseted vertical zipper at the ankles, rubber reinforcement pads at the knees and a Velcro-like substance on the left shoulder.

The applicable subheading for the wetsuit, when made for men, will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: Other: men's or boys'. The rate of duty will be 16.1 percent ad valorem. When made for women the applicable subheading will be 6114.30.3060, HTS, which provides for the same garments for women or girls. The rate of duty will be 16.1 percent ad valorem.

The wetsuit falls within textile category designation 659. Based upon international textile trade agreements, products of Mexico are subject to visa requirements.

The designated textile and apparel category 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.


Jean F. Maguire
Area Director

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