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NY I87548

November 6, 2002

CLA-2-61:RR:NC:3:353 I87548


TARIFF NO.: 6114.30.3070

Ms. Anna Maria Salas Rogalski
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of costume cape from Mexico.

Dear Ms. Rogalski:

In your letter dated October 23, 2002 you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 1565 is child’s hooded costume cape of a knit man-made fiber material. The top of the hood consists of plastic coated fabric that comes to a point and resembles a witch’s hat. The poncho type cape features an unhemmed “saw tooth” bottom.

The applicable subheading for style 1565 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The general duty rate will be 15.1 percent ad valorem.

Style 1565 falls within textile category designation 659. Based upon international textile trade agreements products of Mexico 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 merchandise is being classified in accordance with the Court of International Trade decision in Rubie’s Costume Company v. United States, No.99-06-00388, Slip Op.02-14, (CIT Feb.19, 2002). The case has been appealed. The merchandise will be exempt from export visa and quota requirements until further notice. See Federal Register, June 25, 2002 (Volume 67, Number 122, Page 42760).

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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