CLA-2-42:OT:RR:NC:3:353

Mr. Michael S. McCullough
Vandegrift Forwarding Company Inc.
9317 Cheshire Road
Sunbury, OH 43074

RE: The tariff classification of pasties from China.

Dear Mr. McCullough:

In your letter received in this office on May 23, 2998, on behalf of International Intimates Inc., you requested a tariff classification ruling. As requested the sample will be returned.

This office issued ruling N025575, dated April 28, 2008, regarding the classification of a Style HCC1065 Hustler Flasher outfit consisting of a trench coat, panties and pasties. The trench coat and panties were classified in that ruling. However, this office needed details regarding the construction of the pasties before they could be classified; that information has been received.

The submitted sample is a pair of pasties for a Style HCC1065 Hustler Flasher outfit. The pasties are approximately 2¼-inches in diameter, made of sheep leather covered in plastic sequins and have a polyester tassel. The leather component imparts the essential character of the pasties.

The applicable subheading for the Style HCC1065 Hustler Flasher pasties will be 4203.40.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of apparel and clothing accessories, of leather or composition leather: Other clothing accessories: Other.” The rate of duty will be Free.

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/.

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,
National Commodity
Specialist Division