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NY M84066

June 22, 2006

CLA-2-61:RR:NC:3:353 M84066


TARIFF NO.: 6104.53.2020, 9503.90.0080, 4202.92.3031

Ms. Theresa Shepherd
Small Miracles, Inc.
6 E Pines Drive
Salem, MO 65560

RE: The tariff classification of a skirt, wand, slippers and carrying bag from China.

Dear Ms. Shepherd:

In your letter dated May 31, 2006 you requested a classification ruling.

The submitted sample is called an Item 15011 Ross Ballet Tutu Playset. Item 15011 consists of a girl's skirt, wand, slippers and carrying bag that are packaged for retail sale. The well-made tutu is constructed of 100% knit net polyester fabric and features a gathered skirt and tunneled elasticized waist. The textile slippers are flimsy and the wand features a plastic handle and narrow ribbon streamers. The carrying bag is constructed of woven nylon with a clear plastic top panel and features a carrying handle and zipper closure.

The carrying bag is reusable and is not ordinary packing. In addition, the carrying case is not connected to the activity of dressing like a ballerina. This precludes classification for tariff purposes as “goods put up in sets for retail sale,” and the individual items will be separately classified.

The applicable subheading for the Item 15011 Ross Ballet skirt will be 6104.53.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirtsknitted or crocheted: skirts and divided skirts: of synthetic fibers: other, girls’. The duty rate will be 16 percent ad valorem. The textile category designation is 642.

The applicable subheading for the Item 15011 Ross Ballet wand and slippers will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toyspuzzles of all kinds; parts and accessories thereof: Other: Other. The duty rate will be Free.

The applicable subheading for the Item 15011 Ross Ballet carrying bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for travel, sport and similar bags, with an outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem. The textile category designation is 670.

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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