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NY L89605

January 30, 2006

CLA-2-61:RR:NC:N3:353 L89605


TARIFF NO.: 6211.43.0091

Mr./Ms. Lane Fragomeli
Paper Magic Group
345 Seventh Ave., 6th Fl.
New York, NY 10001

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

Dear Mr./Ms. Fragomeli:

In your letter dated December 15, 2005 you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample Item 6807897-98-99, Platinum Costume consists of a sleeveless coat-like garment and a mini skirt. The coat-like garment is made of woven polyester fabric and the skirt is made of knit polyester coated with vinyl material. The long, sleeveless coat-like garment is fitted at the waist and has a large collar and a grommet and lace closure down the front. The coat-like garment is well made with styling and embellishments. The flimsily made skirt has a faux lace closure down the front and single stitched elastic at the waist.

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 coat-like garment imparts the essential character of the set.

      The applicable subheading for the Platinum Costume, style 6807897-98-99 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls: Of man-made fibers: Other. The duty rate will be 16% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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