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NY R00534





July 14, 2004
CLA-2-95:RR:NC:SP:225 R00534

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Troy Crago
Atico International, USA
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a “Shell Bra” from China.

Dear Mr. Crago:

In your letter dated July 7, 2004, you requested a tariff classification ruling.

You submitted a photograph of a “Shell Bra” identified as item number C62H0167. The item consists of two plastic scallop shells connected by string that will be marketed and sold as a costume for beach parties and luaus. You indicate that the item will be imported in two colors.

Although you suggest classification in Chapter 39 of the Harmonized Tariff Schedule as an article of clothing of plastic, Chapter Note 2(v) to Chapter 39 excludes articles that can be classified in Chapter 95.

The applicable subheading for the “Shell Bra” identified as item number C62H0167 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." The rate of duty will be free.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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