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NY K81017




December 1, 2003
CLA-2-62:RR:NC:3:353 K81017

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054

Ms. Richard Wadiri
Naito Design International Company Ltd.
900 Livingston Avenue
North Brunswick, NJ 08902

RE: The tariff classification of costume from Sri Lanka.

Dear Mr. Wadiri:

In your undated letter, received by this office on November 7, 2003, you requested a classification ruling.

Your submitted sample is a children’s “Mr. Fix It” costume. The costume consists of a well made 100% polyester woven vest. The vest features oversized armholes, a full frontal opening with three left over right hook and loop closures, a fabric hammer loop, a sewn on Fix It badge, a clear plastic pocket and two fabric patch pockets. The costume also has a plastic hammer, measuring tape and paper notepad and pencil.

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 or component which gives them their essential character.” In this case, the vest imparts the essential character of the set.

The applicable subheading for “Mr. Fix It” costume will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, men’s or boys’: of man-made fibers: vests: other. The duty rate will be 16.1 percent ad valorem.

The costume falls within textile category designation 659. Based upon international textile trade agreements this product of Sri Lanka is subject to 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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