CLA-2-61:RR:NC:3:353 D81355

Mr. Robert J. Gibson
P.O. Box 3645
101 Evergreen Dr.
Bozeman, Montana

RE: The tariff classification of a neoprene bootie from China.

Dear Mr. Gibson:

In your letter dated August 11, 1998 you requested a classification ruling.

The submitted sample is a neoprene bootie that will be sewn onto a garment to create a fishing wader. The bootie is constructed from neoprene material that has 100% knitted nylon laminated to both sides (except for the cuff of the bootie which has a 1005 knitted nylon laminated to only one side). The tape, which is used to cover the seam construction, is also constructed with an outer layer of 100% nylon.

The sample will be returned to you as requested.

The applicable subheading for the neoprene bootie will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other: Other, Of man-made fibers: Other." The duty rate will be 15.1% ad valorem.

The neoprene bootie falls within textile category 659 designation . Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division