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NY L89872

February 3, 2006

CLA-2-95:RR:NC:N2:225 L89872


TARIFF NO.: 9505.90.6000, 6217.10.9530

Ms. Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1372 Broadway, 2nd Fl.
New York, NY 10018

RE: The tariff classification of a costume from China.

Dear Ms. Whitley:

In your letter dated January 11, 2006 you requested a classification ruling. The samples will be returned to you as requested.

The first submitted sample, style H06-4 is a grass skirt made of 100% nylon strips. The skirt has a sewn waistband with a hook and loop strip closure. The second sample is a floral necklace made of woven polyester fabric.

The strips are of an apparent width of 5 millimeters or less and meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS).

Although the skirt is considered to be textile, it is not knit, crocheted or a fabric and therefore not classifiable in Chapters 61/62. It could be considered a made up textile article of Chapter 63. However, since Chapter 63 excludes goods of Chapter 95, and this skirt is considered a costume, it will be classified in 9505 regardless of constructions.

The applicable subheading for Item HO6-4, grass skirt, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, including magic tricks, and practical joke articles; parts and accessories thereof: Other: Other. The rate of duty will be free.

 The applicable subheading for the textile necklace will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessoriesAccessories: Other: Other, Of man-made fibers: Other." The duty rate will be 14.6% 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. . Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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