NY 888754

AUGUST 18 1993

CLA-2-62:S:N:N5:357 888754

Ms. Sheryl L. Williams
Deep See, Inc.
18935 59th Ave. NE
Arlington, WA 98223

RE: The tariff classification of a man's wetsuit from Australia

Dear Ms. Williams:

In your letter dated July 15, 1993, you requested a classification ruling.

The sample submitted, item number 8601-N, is a man's one-piece wetsuit. The wetsuit is constructed of two layers of knit nylon fabric which has expanded neoprene rubber laminated in between.

The garment is short-sleeved, extends from the neck to the mid-thigh, has leg separations, and a mock turtleneck collar. The wetsuit has a back zipper with a 19-inch textile zipper pull. The garment's right thigh features the trade name "Deep See". The garment will be used primarily by skin and scuba divers.

The applicable subheading for the wetsuit will be 6113.00.0084, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other: other: men's or boys'. The duty rate will be 7.6 percent ad valorem.

The sample is being returned to you.

The wetsuit falls within textile category designation 659. Based upon international textile trade agreements products of Australia are not subject to quota restraints nor 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. 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