NY 844357
CLA-2-59:S:N:N3H:350 844357
TARIFF NOS.: 5906.91.2500; 5906.91.2000
Ms. Roberta Guerrero
David K. Lindemuth Co., Inc.
115 Lomita Street
El Segundo, CA 90245
RE: The tariff classification of six styles of wet suit material from
Japan.
Dear Ms. Guerrero:
In your letter dated August 10, 1989, on behalf of Hydro-Light
Pro Series, you requested a tariff classification ruling.
Six samples were submitted. All consist of knit polyester jersey
fabrics that have been laminated on one or both sides to a either
neoprene rubber sheeting or to hyplon sheeting, which for tariff
purposes is considered a plastics material. You state the following
composition for these fabrics:
STYLE RUBBER/PLASTIC POLYESTER JERSEY
1mm Neoprene* 61% 39%
1.5mm Neoprene* 71% 29%
2mm Hyplon* 78% 22%
3mm Hyplon 82% 18%
3mm Smooth Skin (rubber) 82% 18%
3mm Textured Skin (rubber) 82% 18%
Three samples* were sent to our internal laboratory which found
the following:
STYLE RUBBER/PLASTIC POLYESTER JERSEY
1mm Neoprene 47% 53%
1.5mm Neoprene 57.8% 42.2%
2mm Hyplon 90% 10%
The applicable subheading for the 1.5mm and the 1mm Neoprene will
be 5906.91.2500, Harmonized Tariff Schedule of the United States
(HTS), which provides for rubberized textile fabrics, knitted or
crocheted, of man-made fibers, not over 70 percent by weight of rubber
or plastics. The rate of duty will be 8.5 percent ad valorem. The
3mm Smooth Skin and 3mm Textured Skin fabrics fall in item
5906.91.2000 dutiable at 4.2 percent ad valorem.
The applicable subheading for the 2mm and 3mm Hyplon (plastic)
will be 5903.90.2000, Harmonized Tariff Schedule of the United States
(HTS), which provides for textile fabrics, impregnated, coated,
covered or laminated with plastics, of man-made fibers, over 70
percent by weight of rubber or plastics. The rate of duty will be 4.2
percent ad valorem.
The 1 and 1.5mm Neoprene only, fall within textile category
designation 229. Based upon international textile trade agreements,
products of Japan are subject to quota and the requirement of a visa.
There are no textile restraints for the other styles.
The designated textile and apparel category may be subdivided
into parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since 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 Section 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport