CLA-2-62:RR:NC:WA:357 D88615
Mr. Francisco Gomez Jr.
R.L. Jones Tecate, Inc.
P.O. Box 970
Tecate, CA 91980
RE: The tariff classification of a child’s unisex shorty suit and a man’s neoprene overall-type wetsuit from Mexico
Dear Mr. Gomez:
In your letter dated February 17, 1999, on behalf of Extreme Sports, Inc., dba Jet Pilot, you requested a classification ruling.
Three samples were submitted as follows: Style number CRM593, is a child’s shorty suit which is composed of a knit nylon and spandex fabric. In a phone conversation you stated that the garment is unisex and will be available for children 3 to 10 years old. The shorty suit is primarily used for UV protection.
The shorty suit is a one-piece short-sleeved garment which has leg separations and extends from the neck to the thigh area. The garment has a stand-up collar and a partial opening in the center of the back panel which is secured by a zipper closure that extends to the top of the garment’s collar. There is a long woven textile strip of fabric attached to the zipper’s pull which features the “Jet Pilot” tradename. The “Jet Pilot” tradename is also located on each sleeve and along the length of each leg.
Style number JRM190 “John”, is a man’s overall-type wetsuit. The garment is constructed of one layer of knit nylon fabric on the outer surface and one layer of knit nylon fabric on the inner surface with expanded neoprene rubber laminated in between. The wetsuit is a one-piece full-length garment which has leg separations and extends from the shoulders to the ankles. The garment has a round and lower neckline in the front, is sleeveless with oversized armholes and has a partial opening in the center of the back panel which is secured by a zipper closure with a “VELCRO”-type fastener tab at the top. Attached to the zipper pull is a long strip of textile fabric which features the “Jet Pilot” tradename. The garment has rubber knee pads and there is a zipper opening with a “VELCRO”-type fastener tab at the bottom of each leg. The “Jet Pilot” tradename is featured on both the front and back panels and along each leg.
The child’s shorty suit and the man’s wetsuit are being returned to you.
If the shorty suit is sold to both boys’ and girls’ and cannot be identified as exclusively boys’, then the applicable classification for the garment will be in the HTS subheading covering girls’ garments.
The applicable subheading for the shorty suit will be 6114.30.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other sunsuits, washsuits, one-piece playsuits and similar apparel: women’s or girls’. The general rate of duty will be 15.5 percent ad valorem.
The applicable subheading for the men’s 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 general rate of duty will be 7.4 percent ad valorem.
Your inquiry does not provide enough information for us to give a classification ruling on style number JRM190 “Jacket”. You will be receiving separate additional correspondence concerning this style from National Import Specialist, Mary Ryan.
The shorty suit falls within textile category designation 237. The wetsuit falls within textile category designation 659 Based upon international textile trade agreements products of Mexico are not presently 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. 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 W. Raftery at 212-637-7076.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division