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NY M81118





April 6, 2006

CLA-2-62:RR:NC:3:353 M81118

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Lane Fragomeli
Paper Magic Group, Halloween Division
345 Seventh Avenue, 6th Floor
New York, NY 10001

RE: The tariff classification of costume from China.

Dear Mr. Fragomeli:

In your letter dated March 7, 2006, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, Item Number 6808597 is an adult vampire (size medium) costume set. The costume set consists of a woven polyester fabric cape and knit polyester pullover top. The well-made cape has styling features, a finished neck and seams. The pullover is flimsily made. The exact same set will be imported as Item Number 6808784 (adult size small) and Item Number 6808598 (adult size large).

The pullover would be classifiable under heading 9505 HTS if imported separately. 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 cape imparts the essential character of the set. As the cape is not flimsy (well-made) classification in heading 9505 is not applicable.

The applicable subheading for Item Numbers 6808784, 6808597 and 6808598 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be16 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/.

All Item Numbers fall within textile category designation 659 for the cape. 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.

Sincerely,

Robert B. Swierupski
Director,

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