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NY A89048

November 26, 1996

CLA-2-61:RR:NC:WA:357 A89048


TARIFF NO.: 6113.00.9065; 6113.00.9084

Ms. Susan Carkeet
Priority One Brokers, Inc.
3419 Trentwood Blvd.
Orlando, FL 32812

RE: The tariff classification of wetsuits from Australia

Dear Ms. Carkeet:

In your letter dated October 15, 1996, on behalf of Intensity Sports, you requested a classification ruling. With your letter you submitted a catalog and swatches.

There are five styles in question, each of which is constructed from a laminated fabric having two layers of knit fabric and a center made from expanded neoprene. Although the catalog indicates that some of the styles are made from a 2mm fabric, you indicated in a telephone conversation with the National Import Specialist that the fabric is 3mm thick. All are for men's wear.

Styles JS1999-PWC and JS1995-PWC are one-piece full-body sleeveless garments with long legs. BZ7000 and BZ7500 are one-piece garments. BZ7000 has long sleeves and legs, while BZ7500 has short sleeves and legs. WS2010 extends to below the knee and is sleeveless. It also has additional flotation in the form of a neoprene lamination sewn into the torso portion.

The applicable subheading for styles JS1999-PWC, JS1995-PWC and BZ7000 will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5903, 5906 or 5907: overalls and coveralls, other than of cotton, men's or boys'. The duty rate will be 7.5 percent ad valorem. The applicable subheading for styles BZ7500 and WS2010 will be 6113.00.9084, HTS, which provides for other garments made up of fabrics of heading 5903, 5906 or 5907, other than of cotton, men's or boys'.

Based upon international textile trade agreements products of Australia are not subject to quota or the requirement of a visa.

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 212-466-5851.


Roger J. Silvestri

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