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NY I82828





July 1, 2002

CLA-2-39:RR:NC:3:353 I82828

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Mr. Rodney Ralston
Trans-Border Customs Service
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of enhancers from Canada.

Dear Mr. Ralston:

In your letter dated June 4, 2002, on behalf of Ranger Inc., you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted samples are Styles LLP01 and LP02 Breast Enhancers; you also provided samples of the finished product. Style LLP01 is composed of a polyurethane shell with mineral oil and styrofoam beads inside; Style LP02 is composed of a polyurethane shell with mineral oil inside. The items are oval in shape and inserted into a bra to give more volume to the breast. They will be inserted permanently into the bra and will not be removed. The bra can be hand washed and hung to dry.

The polyurethane shell gives shape and form to the item and imparts the essential character.

The applicable subheading for Styles LLP01 and LP02 will be 3926.209050, 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 (including gloves): Other: Other, Other.” The general rate of duty 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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