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NY B85591




June 4, 1997

CLA-2-39:RR:NC:N3:353 B85591

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050; 6117.80.9540

Mr. D. M. Beauregard
A.N. Deringer
P.O. Box 284
Rte. I-89
Highgate Springs, VT. 05460

RE: The tariff classification of pads for swimwear from Canada

Dear Mr. Beauregard:

In your letter dated May 15, 1997, you requested a classification ruling. Samples were submitted for review with your request.

The submitted samples labeled #1 through #4, consist of pads for use in the bra portion of women's swimwear. Sample # 1, a push-up pad is stated to be made from 100% polyester, of knit construction with polyurethane foam on the inside. Sample #2, a plastic cup, is stated to be made from 100% polyester. It is of knit construction on both sides. Sample #3, a push-up pad is stated to be made of polyurethane foam. Sample #4, a fiber cup is stated to be made from 100% polyester of knit construction on the inside with 100% polyester fiber on the outside.

The applicable subheading for Samples #1, #2 and #4 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 accessories: Other: Of man-made fiber." . The general duty rate will be 15.2 percent ad valorem. The applicable subheading for Sample #3 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other articles of plastic and articles of other materials of heading 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other: Other." The general duty rate will be 5 percent ad valorem.

Samples #1, #2 and #4 fall within textile category designation 659. Based upon international textile trade agreements products of Canada are not presnetly subject to quota or the requirement of a visa.

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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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