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NY B85581




June 3, 1997

CLA-2-61:RR:NC:WA:357 B85581

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6117.80.9540; 6505.90.6090

Mr. Richard Tomasek
Phoenix International Freight Services Ltd. 712 N Central Avenue
Wood Dale, IL 60191-1263

RE: The tariff classification of a neoprene wetsuit jacket, hood and pair of "socks" from Thailand

Dear Mr. Tomasek:

In your letter dated April 25, 1997, on behalf of Lemans Corp., you requested a classification ruling. Samples and literature were submitted. According to your letter all items are in men's sizes and may be worn by women as well. The merchandise is used in water sports such as jet skiing and water skiing.

The first item is a hooded jacket with a full-front zipper opening, slant, covered pockets at the waist, a drawstring in the hood and a seven-inch zipper in the center back extending upward from the banded bottom. The jacket's overall length is approximately thirty inches. It is made from a three-layer laminated fabric consisting of knit man-made fiber inner and outer layers with a center layer of expanded neoprene.

The second item is a pair of socks made from a two-layer lamination of knit fabric and neoprene with the neoprene on the exterior surface. They are in the shape of a foot and have a seam which joins the left and right halves. They are approximately nine inches high.

The third item is a hood of a two-layer lamination of knit fabric and neoprene with the neoprene on the exterior surface. It covers the head and neck of the wearer.

The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' knitted coats and jackets, other than of cotton, made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.4% ad valorem.

The applicable subheading for the socks will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other clothing accessories, other, knitted or crocheted. The duty rate will be 15.2% ad valorem.

The applicable subheading for the hood will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other hats and headgear of man-made fibers, knitted or crocheted, not in part of braid. The duty rate will be 33.8 cents/kg plus 12% ad valorem.

The jacket falls within textile category designation 634. The socks and hood fall within category 659. Based upon international textile trade agreements products of Thailand are subject to quota 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. 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 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 William Raftery at 212-466-5851.

Sincerely,

Paul K. Schwartz
Chief, Textiles and Apparel Branch

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