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NY L88281

November 1, 2005

CLA-2-61:RR:NC:N3:353 L88281


TARIFF NO.: 6206.40.3030, 6114.30.3070

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

RE: The tariff classification of an adult unisex costume from China.

Dear Ms. Rogalski:

In your letter dated October 10, 2005 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 514, Vladimir Costume consists of a shirt and cape. The mask and wooden stake were not included with the sample. The shirt is composed of a 100% polyester fabric with a woven fabric front and knit fabric back and sleeves. The shirt has a finished neckline with a collar, a hook and loop closure at the back and styling and embellishments in the front. The full-length cape is composed of knit 100% polyester fabric and designed with a large collar and styling and embellishments on the shoulders.

The Vladmir Costume, style 514 consists of two or more garments. Note 13 of Section XI, of the HTSUSA, requires that textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The essential character of the shirt/blouse is the front portion.

The applicable subheading for the shirt/blouse, style #514, will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Women’s or girls’ blouses, shirts and shirt blouses: Of man-made fibers: Other: Other, Other: Women’s." The duty rate will be 26.9% ad valorem. The textile category is 641.

  The applicable subheading for the cape, style 514, 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 14.9% ad valorem. The Textile category designation is 659.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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