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NY M87554




November 1, 2006

CLA-2-61:RR:NC:3:353 M87554

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9510, 6117.80.9540, 6217.10.9510, 6217.10.9530, 3926.20.9050

Mr. Mike Bartlett
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of nipple covers from China.

Dear Mr. Bartlett:

In your letter dated October 17, 2006, on behalf of Zephyrs, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Lace, Satin, and Silicone and Gel Nipple Covers. The nipple covers are worn for modesty under clothing and swimsuits. The Lace Nipple Cover is petal-shaped and constructed of knit fabric with an adhesive backing. The Satin Nipple Cover is petal-shaped and constructed of woven fabric with an adhesive backing. The Silicone and Gel Nipple Cover is constructed of silicone sandwiched between clear plastic and does not have an adhesive backing. All three nipple covers measure approximately 3-inches in diameter.

You suggest classification of the Lace and Satin Nipple Covers in subheading 6117.80.95; however, this classification is for clothing accessories of knit fabrics, not woven fabrics. You suggest classification of the Silicone and Gel Nipple Covers in subheading 6217.10.95; however, this classification is for clothing accessories of other textile fabrics, not silicone or plastic. For purposes of this ruling, this office will assume that the Lace and Satin Nipple Covers are of cotton or of man-made fibers. The applicable subheading for the Lace Nipple Covers, if of cotton, will be 6117.80.9510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garmentsother accessories: other: other, of cotton. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Lace Nipple Covers, if of man-made fibers, will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garmentsother accessories: other: other, of man-made fibers: other. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Satin Nipple Covers, if of cotton, will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garmentsaccessories: other: other, of cotton. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Satin Nipple Covers, if of man-made fibers, will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garments accessories: other: other, of man-made fibers. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Silicone and Gel Nipple Covers will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessoriesother: other, other. The duty rate will be 5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Lace and Satin Nipple Covers fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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