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NY J85096

June 3, 2003

CLA-2-61:RR:NC:3:353 J85096


TARIFF NO.: 6111.30.5040, 6114.30.3054

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

RE: The tariff classification of costume from China.

Dear Ms. Rogalski:

This replaces ruling NY J82849 of April 10, 2003, which contained a typographical error regarding a style number.

The submitted sample, style 5772, Cheer Bear Plush Costume, infant size, is made of knit 70% acrylic/30% polyester fabric. The costume is a well made coverall with an attached hood with the face of a bear, long sleeves and a full front zipper closure. You also state that the identical costume will be imported in toddler sizes as style 5773.

The applicable subheading for the infant costume, style 5772, 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 rate of duty will be 16.1 % ad valorem. The textile category designation is 239.

The applicable subheading for the toddler costume, style 5773, 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: Other.” The rate of duty will be 15% ad valorem. Th textile category designation is 659.

China is a member of the World Trade Organization (WTO), and the infant size costume style 5772, textile category 239, is not subject to quota or the requirements of a visa.

Based upon international textile trade agreements the toddler costumes, 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.


Robert B. Swierupski

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