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NY C83474




February 9, 1998

CLA-2-62:RR:NC:WA:357 C83474

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9084

Mr. Gregory S. Licht
Surf Ventures Group, Inc.
1062 "l" Calle Negocio
San Clemente, CA 92673

RE: The tariff classification of a man's neoprene pullover top from Brazil

Dear Mr. Licht:

In your letter dated January 13, 1998, you requested a classification ruling.

The sample submitted, style name "Surf Vest", is a man's pullover top designed to be worn for water sports. The garment has a triangular shape insert in the center of the front panel that extends from the neck to the bottom hem and is constructed of one layer of neoprene rubber on the outer surface laminated to a knit nylon fabric on the inner surface. The remainder of the garment's front panel and the entire back panel are constructed of one layer of knit nylon fabric on the outer surface and one layer of knit nylon fabric on the inner surface with expanded neoprene rubber laminated in between.

The garment is sleeveless and has a round shape neckline. On the lower portion of the back panel there is a zipper opening and a tab with a "VELCRO"-type fastener. The "Mormaii" trade name is featured both on the front and back panels.

The sample is being returned to you.

Also submitted with the sample garment were pictures of other wetsuits which you requested classifications for. We cannot classify the other garments without the submission of samples for our examination.

We suggest that for the numerous garments you have you should request to have a pre-classification performed in your port.

The applicable subheading for the garment will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for garment's made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: other: men's or boys. The duty rate will be 7.4 percent ad valorem.

The garment falls within textile category designation 659. Based upon international textile trade agreements products of Brazil 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. 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 W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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