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NY L89672

January 12, 2006

CLA-2-61:RR:NC:TA:357 L89672


TARIFF NO.: 6113.00.9065

Mr. Tony Ferguson
Patagonia, Inc.
259 West Santa Clara St.
Ventura, CA 93001

RE: The tariff classification of a men’s wetsuit from China

Dear Mr. Ferguson:

In your letter dated December 22, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested

The item in question, style “Seawolf,” is a men’s full body wetsuit made predominantly from a three-layer fabric comprised of a polyester flat knit inner and outer layer with a center core of expanded rubber. Both the front and back have an inverted U-shaped segment in the torso that is comprised of a two-layer fabric with a calendered rubber on the outer surface. The suit has a back zipper extending from the neck almost to the waist and a tab with a hook and loop closure at the neck.

The applicable subheading for the wetsuit will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments made up of fabrics of heading 5903, 5906 or 5907, overalls and coveralls, other than of cotton. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This wetsuit falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 646-733-3047.


Robert B. Swierupski

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