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NY J80165




January 28, 2003

CLA-2-61:RR:NC:3:353 J80165

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

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

RE: The tariff classification of a child’s costume from China.

Dear Ms. Rogalski:

In your letter dated January 16, 2003 you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, style 4540, Hippie Butterfly Costume consists of a jumpsuit, headpiece and wings. The jumpsuit, headband and wings are made from knit 100% polyester fabric. The well-made jumpsuit has long sleeves and pants. The garment has a finished neckline, a hook and loop strip closure and is styled with a flower at the front. The headband has a hook and loop closure an antenna. The wings have a ruffle around the edge.

The individual pieces of the costume, the headband, wings and the jumpsuit, are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by application of GRI 3(b) according to the component that imparts the essential character. For this item, the garment imparts the essential character.

The applicable subheading for the Hippie Butterfly Costume, style 4540 will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Coveralls, jumpsuits and similar apparel: Women’s or girls’: Other.” The duty rate will be 15% ad valorem.

Style 4540 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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