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NY I81993




June 13, 2002

CLA-2-61:RR:NC:3:353 I81993

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040

Mr. Jung Choi
Windsor Toys, Inc.
Div of: Chosun International
200 Fifth Avenue, Suite 123
New York, NY 10010

RE: The tariff classification of infant’s costumes from Korea, Indonesia, China and Thailand.

Dear Mr. Choi:

In your letter dated May 21, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Item #s F08584 Dog, F08897 Elephant and F08253 Elephant Costumes. Item # F08584 Dog is a unisex jacket constructed of knit acrylic/polyester faux fur fabric. The jacket, size 18-24 months, features long sleeves with elasticized cuffs, an elasticized waist, full front zippered opening, an elasticized hood with a stuffed dog “head,” and a sewn-in tail at the bottom back of the garment. Item # F08897 Elephant is a footed coverall constructed of knit polyester napped fabric. The coverall, size 0-12 months, features long sleeves, full front right over left snap closure, and a hood with a printed elephant face and fabric elephant “ears.” Item # F08253 Elephant is a unisex jacket constructed of knit polyester/acrylic napped fabric. The jacket, size 18-24 months, features long sleeves with elasticized cuffs, an elasticized waist, full front zippered opening, an elasticized hood with a stuffed elephant “head” and fabric elephant “ears,” and a sewn-in tail at the bottom back of the garment.

The applicable subheading for the Item #s F08584 Dog, F08897 Elephant and F08253 Elephant Costumes will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other.” The duty rate will be 16.2% ad valorem.

Item #s F08584 Dog, F08897 Elephant and F08253 Elephant Costumes fall within textile category designation 239. Korea, Indonesia, China and Thailand are members of the World Trade Organization (WTO), and the costumes are not subject to quota or the requirements 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.

Sincerely,

Robert B. Swierupski
Director,

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