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NY 850622

April 18, 1990

CLA-2-62:S:N:N3H:353 850622


TARIFF NO.: 6211.43.0090

Mr. James J. Kelly
BDP International Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of the Dalmation and Lobster costume from Taiwan and the Philippines.

Dear Mr. Kelly:

In your letter dated March 14, 1990, on behalf of Cartwheels USA Inc.,you requested a tariff classification ruling.

Two samples were submitted. The garments are costumes made of 85 percent nylon and 15 percent polyester with fiber fill. One sample is a Dalmation dog costume that extends to the waist and snaps on each shoulder, accompanied with a hat that has ears. The second sample is a Lobster costume made of the same fabric with a lobster tail and lobster claws.

The applicable subheading for the Dalmation and Lobster costume will be 6211.43.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, other. The rate of duty will be 17 percent ad valorem.

The Dalmation and Lobster costumes fall within textile category designation 659. Based upon international textile trade agreements, products of Taiwan and the Philippines are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On current Import Quotas (Restraints Levels), an internal issuance of the U.S. customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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