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NY L88498

November 18, 2005

CLA-2-61:RR:NC:N3:353 L88498


TARIFF NO.: 6113.00.9086

Mr. Eric Ehrens
Somerbond Ltd.
C/0 Eric Ehrens Co., Inc.
4 Park Ave., Suite 17E
New York, NY 1006

RE: The tariff classification of adult wear apparel from China.

Dear Mr. Ehrens:

In your letter dated October 19, 2005 you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request.

Style F01000148, Ladies Sister Sin Set, style F01000149, Ladies Room Service Set, and style F01000156, Corporal Punishment Set are made of knit man-made fiber fabric coated on the outer surface with compact polyurethane plastic material.

Style F01000158, Strip Search Set is made of knit man-made fiber fabric coated with a cellular polyurethane (PU) plastic material. The dress is not lined and the fabric is more than mere reinforcement for the (PU).

Style F01000148 consists of a short dress and headband. The dress has a collar, side pockets and a full front zipper closure.

Style F01000149 consists of a short sleeveless dress and a headpiece. The dress has an attached apron, front laced closure and a full back zipper closure.

Style F01000156 consists of a short dress, hat and plastic baton. The dress has a collar, full front snap closure, belt and two faux snap pockets.

Style F01000158 consists of a short dress, hat and plastic handcuffs. The dress has a collar, full front snap closure, belt and two faux snap pockets.

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 dress for styles F0100048, F01000149, F01000158 and F01000156 imparts the essential character of the set.

The applicable subheading for styles F0100048, F01000149, F01000158 and F01000156 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Women’s or girls." The duty rate will be 7.1% 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.

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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