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NY C84408




March 5, 1998

CLA-2-39:RR:NC:3:353 C84408

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Mr. William F. Sullivan
MSAS Customs Logistics Inc.
248-08 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of a women's skirt from China.

Dear Mr. Sullivan:

In your letter dated February 17, 1998, on behalf of Newport News, Inc., you requested a tariff classification ruling on a prospective importation.

The submitted sample style F98-16-009 is a women's skirt whose outer shell is made of a 100% cotton knit fabric, coated or covered on the outer surface with a cellular plastic material. The garment has a side zipper extending approximately one-third of the distance from the waist and a small bottom slit.

As per Chapter 59 note 2(a)(5), Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes the item is classified in Chapter 39. The textile fabric backing for style F98-16-009 is used merely for reinforcement purposes and the skirt is therefore classified in Chapter 39.

The applicable subheading for the women's skirt, style F98-16-009 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other: Other." The rate of duty will be 5% ad valorem.

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,

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