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NY J82423

April 23, 2003

CLA-2-62:RR:NC:3:353 J82423


TARIFF NO.: 6211.33.0061

Ms. Yvonne Richardson
The Millwork Trading Co., Ltd.
1372 Broadway 2nd Fl.
New York, NY 10018

RE: The tariff classification of a Santa Claus novelty shorts and Hat Set from Hong Kong.

Dear Ms. Richardson:

In your letter dated March 24, 2003, on behalf Avon, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample is a Santa Claus novelty shorts and Hat Set. The novelty shorts and Santa Claus Hat are made of woven 100% polyester fabric. The shorts have a 1” elastic waistband and a faux fly with a button at the front. The hat is cone shaped with a pom pom at the top. The shorts and hat will be imported packaged for retail sale.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material component which gives them their essential character.” In this case, the shorts impart the essential character of the set.

The applicable subheading for the Santa Claus novelty shorts and Hat Set will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsother garments: Other garments, men’s or boys’: Of man-made fibers, Other.” The duty rate will be 16.1% ad valorem. The textile category is 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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