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NY 806346





February 14, 1995

CLA-2-95:S:N:N8:225 806346

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6090

Marty Langtry
Tower Group International
5420 West 104th Street
Los Angeles, CA 90045-6069

RE: The tariff classification of various flowered costumes from China

Dear Ms. Langtry:

In your letter dated January 23, 1995 you requested a tariff classification ruling on behalf of your client, Trade West, Inc.

The items submitted as samples are a flowered bra, style 541900; a fern covered bikini top, style 41888; and a fern covered bikini bottom, style 41889. The flowers and foliage are woven polyester attached to a knit 65% polyester 35% polynosic material.

The applicable subheading for the three costume items will be 9505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, ....: Other: Other, Other. The rate of duty will be free.

Although the items are made of textile, they are constructed in a flimsy manner. There is no lining so that the stitches holding the flowers and foliage to the backing are visible. The items are held on the body by cord, even the bikini bottom, threaded through a tunnel seam. The tunnels seams are created by single stitching. One sixteenth inch wide elastic is used to create the gathering of the leg on the bikini bottom. 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

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