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NY H86741

January 31, 2002

CLA-2-95:RR:NC:SP:225 H86741


TARIFF NO.: 6104.43.2020

Myrna Polikoff
Daval Inc.
100 Merrick Rd.
Rockville Centre, NY 11570

RE: The tariff classification of various costumes from China

Dear Ms. Polikoff:

In your letter dated December 13, 2001 you requested a classification ruling.

Item 6700-3 Flower Princess, is a dress of manmade fiber. The top is tubelike and gathered. The skirt is two layers with a jagged hem. Lace edges the tops and there are ribbon straps. A textile ribbon bow adorns the front.

The applicable subheading for the Flower Princess, item 6700-3 will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls suits, ensembles, suit-type jackets, blazers, dresses skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Dresses: Of synthetic fibers: Other: Girls’. The duty rate will be 16.2 percent ad valorem.

Item 6700-3 falls within textile category designation 636. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

We are returning your request for a classification ruling on 6700-1 Butterfly Princess, 6700-2 White Bride, and 6700-4Marabou Princess, because we are precluded from issuing a ruling letter by the provisions of Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)). As stated in Section 177.7(b), "No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.”

The issue of the classification of certain costumes under 9505 is currently pending before the United States Court of International Trade (CIT) in the matter of Rubie’s Costume Company, Inc. v. United States, Court No. 99-0600388.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the CIT, we are unable to issue a classification ruling letter to you with respect to Styles 6700-1 Butterfly Princess, 6700-2 White Bride, and 6700-4 Marabou Princess. Accordingly, we are administratively closing this part of our file. You may submit another request after the court has issued its decision in the Rubie’s Costume Company case.

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 Alice J. Wong at 646-733-3026.


Robert B. Swierupski

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