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NY B86720




August 5, 1997

CLA-2-61:RR:NC:BCH3:B86720 353

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6108.91.0030; 6117.80.8500; 6404.19.3515

Mr. Ray Fragola
Lady Ester Lingerie Corporation
16 East 34 Street
New York, N.Y. 10016

RE: The tariff classification of a headband, slippers, pouch and bath rap from Mexico

Dear Mr. Fragola:

In your letter dated June 13, 1997, received in our office on June 18, 1997 you requested a tariff classification ruling. Samples were submitted for examination with your request and will be returned.

The submitted samples, which you state are made up of fabric with a minimum of 55% cotton and a maximum of 45% polyester, consist of: #1, a 2.5 inch wide elasticized knit terry headband with a woven poly/cotton binding decorate with 2 embroidered daisies. #2, a pair of terry slippers with a woven poly/cotton binding, vinyl separate sole and foam inner sole. #3, a three pocket pouch of terry knit with a woven poly/cotton binding. #4, A bath rap that extends to mid thigh of knit terry with a woven poly/cotton binding, shoulder straps, front pocket and a velcro and elastic closure at the waist.

The applicable tariff provision for #1, headband will be 6117.80.8500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other made up clothing accessories: Accessories: Other: Headbands, ponytail holders, and the like". The general rate of duty will be 15.2 percent ad valorem. #2, terry slippers, the applicable subheading will be 6404.19.3515 which provides for "footwear, in which the upper's external surface is predominately textile materials (Note that an accessory or reinforcement on the top of another material is not part of the upper's external surface but the material hidden underneath is); in which the outer sole's external surface is predominately rubber and/or plastic; which is not "athletic" footwear; which is not designed to be a protection against water, oil, or cold or inclement weather; in which the upper's external surface is still 50% or less leather even after every leather accessory and reinforcement is included as part of the upper's external surface; which has open toes or open heels or is of the slip-on type, excluding slip-ons which have a foxing-like band almost wholly of rubber or plastic; and which is 10% or more by weight of rubber or plastic. The general rate of duty will be 37.5 percent ad valorem. #3, three pocket pouch, the applicable subheading will be 4202.92.1500 (HTSUSA), which provides for "Travel, sports and similar bags with an outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton". The general rate of duty will be 6.9 percent ad valorem. #4, bath rap, assuming chief weight cotton, the applicable subheading will be 6108.91.0030 (HTSUSA), which provides for "Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajama, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton:Other: Women's. The general rate of duty will be 8.8 percent ad valorem with a textile category designation of 350.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textile & Apparel Branch

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