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NY H89307

April 2, 2002

CLA-2-61:RR:NC:3:353 H89307


TARIFF NO.: 6113.00.9086, 9505.90.6000

Mr. M. Paneth
Seasons By Zauder
10 Henry St.
Freeport, NY 11520

RE: The tariff classification of costumes from Hong Kong.

Dear Mr. Paneth:

In your letter dated March 2, 2002 you requested a classification ruling.

The submitted samples are a costume and a festive article. Style 12093 is a child’s pumpkin costume composed of a brushed knit polyester fabric bonded to foam padding. The garment resembles a pumpkin with two slits for the arms and an opening at the back of the neck with a hook and loop closure. Style 12086 are a child’s butterfly wings composed of polyester fabric with an antenna made from wire.

The applicable subheading for the pumpkin costume, Style 12093 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Other: Women’s or girls’.” The duty rate will be 7.2%.

The applicable subheading for the butterfly wings, Style 12086 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other. The duty rate will be Free.

Style 12093 falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong 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.

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.


Robert B. Swierupski

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