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NY L86748




August 12, 2005

CLA-2-39:RR:NC:N3:353 L86748

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Mr. Simon Wren
Units 8, 9, 10
The Edge Business Centre
Humber Road
London, England NW2 6EW

RE: The tariff classification of a skirt from China.

Dear Mr. Wren:

In your letter dated July 14, 2005, received in this office July 28, 2005, on behalf of Somerbond Ltd., you requested a tariff classification ruling. The sample will be returned to you as requested.

The submitted sample, Ref. #F01000168, Ladies Hearts & All Skirt is a skirt composed of cellular polyurethane plastic material with a knit textile backing. The short skirt has a ruffled bottom with four attached garters and a zippered back closure.

 Chapter 59 Note 2(a)(5) states that "2. Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plasticsother than: (5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter 39)." The textile fabric backing for skirt, Ref. #F01000168 is used merely for reinforcing the cellular plastic. Therefore, the skirt is considered made of plastic material of Chapter 39.

The applicable subheading for the Ladies Hearts & All Skirt, Ref. #F01000168 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 accessoriesOther: Other." The duty rate 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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