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NY H89621

March 28, 2002

CLA-2-95:RR:NC:SP:225 H89621


TARIFF NO.: 9503.70.0000, 6211.43.0091

Anne Ornstein
Lillian Vernon Corporation
One Theall Road
Rye, NY 10580-1450

RE: The tariff classification of a Police Car Outfit & Humpty Dumpty Costume from China.

Dear Ms. Ornstein:

In your letter dated March 19, 2002 you requested a classification ruling.

The first sample, BR7079, the Police Car Costume, represents a police car that is open on the top and bottom. It circles the child like a spare tire and is designed to stay on the child by means of two nylon straps over the shoulders. The textile car has foam filling and rigid cardboard to provide some shape. Included with the car are a textile hat and tie. The set gives the appearance of a police officer riding about in a police car, similar to a child “riding” a hobbyhorse. It has been determined that the “car” component, although textile, is not classifiable within Chapters 61 or 62 of the HTS. The set provides an opportunity for a child to role-play as a police officer. The sample is being retained for training purposes.

The applicable subheading for the Police Car Set will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; .: Other toys, put up in sets or outfits, and parts and accessories thereof. The duty rate will be free.

The second sample, BR7126, The Humpty Dumpty Costume, is an egg-shaped one-piece costume for a small child. Made of 65% polyester and 35% cotton woven fabric, it is a lined, padded sleeveless garment, which includes a sewn on hat, with arm and leg holes. The costume has a snap closure on the bottom and hook and loop fasteners on the full front closure.

The applicable subheading for the Humpty Dumpty Costume will be 6211.43.0091, 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 duty rate will be 16.2 percent ad valorem.

6211.43.0091 falls within textile category designation 659. 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.

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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