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NY L88394




November 16, 2005

CLA-2-61:RR:NC:3:353 L88394

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070; 6114.30.2010; 3926.20.9050

Mr. Eric Ehrens
Somerbond Ltd.
C/o Eric Ehrens Co.
4 Park Avenue
Suite 17E
New York, NY 10016

RE: The tariff classification of textile and plastic wearing apparel from China.

Dear Mr. Ehrens:

In your letter dated October 19, 2005, on behalf of Somerbond Ltd., you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style F01000143, “Ladies Diamente Body” is a woman’s novelty garment composed of knit man-made textile fiber fabric. The g-string-style garment features a neck choker that attaches to the garment via fabric and metal chains.

Style F01000174 “Ladies Buckle Body” is a body suit composed of knit 95% polyamide and 5% elastane (man-made) textile fiber fabric.

Style F01000175 “Ladies Stud Body” is a body suit composed of knit 95% polyamide and 5% elastane (man-made) textile fiber fabric.

Style F01000173 “Ladies Chain Body” is a woman’s body suit composed of polyurethane cellular plastic material with textile backing. The garment is lined with textile fabric and features decorative chains.

Chapter 59 Note 2(a)(5) states that “Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics other than: (5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter39).” The textile backing for reference number F01000173 is used merely for reinforcing the cellular plastic. Therefore, the item is considered made of plastic material of Chapter 39.

The applicable subheading for style number F01000143 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’: other. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style numbers F01000174 and F01000175 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: bodysuits and bodyshirts, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread. The rate of duty will be 32 percent ad valorem.

The applicable subheading for style number F01000173 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: other: other, other. The rate of duty will be 5 percent ad valorem.

Styles F01000143, F01000174 and F01000175 fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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