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NY K83647

March 24, 2004
CLA-2-61:RR:NC:WA:357 K83647


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 Hong Kong

Dear Ms. Fenske:

In your letter dated February 24, 2004, you requested a classification ruling.

The sample submitted, style number 8728, is a man’s “Farmer John” wetsuit constructed of one layer on the outer surface composed of a flat knit 100% nylon fabric and one layer on the inner surface composed 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 sleeveless tightly fitted body garment that has leg separations and extends from the shoulders to the ankle. The garment has a round neckline on the front panel, oversized armholes and an opening on the left 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 and a tab with a hook and loop fastener. The garment is surrounded with capping fabric at the edges. The “Deep See” logo is on the center portion of the chest area. The sample is being returned to you as you have requested.

The classification you suggested HTS 6113.00.10 is not applicable. The garment does not have an outer surface coated, covered, or laminated with a rubber or plastics material which completely obscures the underlying fabric.

The applicable subheading for the farmer john 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 Hong Kong 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.


Robert B. Swierupski

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