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NY M83610

May 30, 2006

CLA-2-61:RR:NC:N3:353 M83610


TARIFF NO.: 6114.30.3070, 6113.00.9086

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

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

Dear Mr. White:

In your letter dated May you requested a classification ruling.

Two samples were submitted with your request. Style 390301, Gothic Bat Costume consists of a cape composed of knit 100% polyester fabric with a chain closure. The well-made cape has several rows with elastic to enhance the billowing of the cape. The garment has finished edges and styling features.

Style 300812, Pickle Vendor Costume consists of a barrel-like item with shoulder straps with hook and loop closures. The garment is composed of knit 100% polyester printed fabric on the outer surface and cellular plastic material on the inner surface.

 The applicable subheading for the Gothic Bat Cape Costume, Style 390301 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% ad valorem. The textile category designation is 659.

The applicable subheading for the Pickle Vendor Costume, Style 300812 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Other: Women’s or girls’." The general duty rate will be 7.1% 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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