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NY M80587

March 20, 2006

CLA-2-61:RR:NC:3:353 M80587


TARIFF NO.: 6114.30.3070

Ms. Ji Hyun Yoon
Mario Chiodo Studios
70 Washington Street
Suite 425
Oakland, CA 94607

RE: The tariff classification of costume from China.

Dear Ms. Yoon:

In your letter dated January 24, 2006, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 5156024 Midnight Carnival Cape with Collar is a costume. You stated the cape is constructed of woven fabric; however examination reveals that the outer shell of the well-made costume is constructed of a knit polyester fiber fabric. The cape has styling features, a wide collar, well-made neck, well-made seams, tie closure and finished edges.

Style 5157039 Midnight Carnival Cape with Hood is a costume. The well-made costume is constructed of a knit polyester fiber fabric. The cape has styling features, a hood, well-made neck, well-made seams, tie closure and finished edges. The applicable subheading for styles 5156024 and 5157039 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), 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 percent ad valorem.

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/.

Styles 5156024 and 5157039 fall within textile category designation 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, 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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