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NY J84965




June 18, 2003

CLA-2-61:RR:NC:3:353 J84965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2020, 6114.30.3070, 6104.43.2020, 6116.93.9400

Ms. Angela Kelleher
Direct Resources International, Inc.
Enterprise Park Square, Suite 100
4253 East Enterprise Lane
Rogersville, MO 65742

RE: The tariff classification of costumes and gloves from China.

Dear Ms. Kelleher:

In your letter received in this office on May 23, 2003 you requested a classification ruling.

The submitted samples are numbers D023678 skirt, D023681 cape, D023676 satin flower dress, D023686 sequined dress and D023716 gloves. The first four items are costumes. All five items are one size, made for girls 5 to 8 years of age. The D023678 skirt is constructed of knit nylon fabric with a knit net polyester fabric overskirt and features a waist reinforced by sewn elastic and separate overlock stitching. The D023681 cape is constructed of knit 82% nylon, 18% metal fabric. It features a beaded chain and feather trim that finishes the edges. The D023676 satin flower dress is constructed of a knit nylon spandex fabric top and woven polyester fabric bottom; the knit fabric imparts the essential character of the dress. The dress features a single stitched waist, hook and loop rear closure, and overlock stitched neck and edges. The D023686 sequined dress is constructed of knit 65% nylon, 35% polyester fabric that contains tiny circular plastic “sequins.” The halter-style dress features a string tie neck and overlock stitched edges. The D023716 gloves are constructed of knit 100% polyester fabric, are long length, and feature feather trim and fourchettes

The applicable subheading for the D023678 skirt will be 6104.53.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ suitsdresses, skirtsknitted or crocheted: Skirts and divided skirts: Of synthetic fibers: Other, Girls’.” The duty rate will be 16.1% ad valorem. The textile category designation is 642.

The applicable subheading for the D023681 cape 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 duty rate will be 16.1% ad valorem. The textile category designation is 659.

The applicable subheading for the D023676 satin flower dress and D023686 sequined dress will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ suitsdresses, skirtsknitted or crocheted: Dresses: Of synthetic fibers: Other, Girls’.” The duty rate will be 16.1% ad valorem. The textile category designation is 636.

The applicable subheading for the D023716 gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for “Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes.” The duty rate will be 18.7% ad valorem. The textile category designation is 631.

China is a member of the World Trade Organization (WTO), and the D023716 gloves are not currently subject to quota or the requirements of a visa.

The D023676 satin flower dress and D023686 sequined dress are 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).

The D023678 skirt falls within textile category designation 642; the D023681 cape 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 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.

Sincerely,

Robert B. Swierupski
Director,

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