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NY M84290

July 7, 2006

CLA-2-62:RR:NC:N3:353 M84290


TARIFF NO.: 6212.10.9020, 6104.53.2010, 6116.93.8800, 9615.19.6000, 9603.90.4000

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/Hong Kong/Vietnam.

Dear Ms. Perry:

In your letter dated June 12, 2006, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 400194, Flirty French Maid Costume consists of a bra, skirt, headband, gloves, thigh high stockings and feather duster.

The embellished bra is made of 100% polyester Rochelle knit with Rochelle straps and hook and eye closures at the back. The layered skirt is made of knit 100% polyester fabric with an elasticized waist and embellishments at the front and back. The rigid plastic headband is covered with textile fabric and the fingerless mitt has a separator the thumb. The feather duster has a plastic handle and a bow.

The bra and skirt are well made with finished seams, styling and embellishments.

The Flirty French Maid Costume, style 400194 consists of two or more garments. Note 13 of Section XI, of the HTSUS, requires that textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for bra will 6212.10.9020, HTSUS, which provides for “Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Brassiere: Other: Other . . . Of man-made fibers.” The general rate of duty will be 16.9% ad valorem. The textile category designation is 649.

 The applicable subheading for the skirt will be 6104.53.2010, Harmonized Tariff Schedule or the United States (HTS), which provides for "Women’s or girls’skirtsknitted or crocheted: Skirts and divided skirts: Of synthetic fibers: Other, Other, Women’s. The duty rate will be 16% ad valorem. The textile category designation is 642.

The applicable subheading for the rigid headband will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Combs, hair-slidesCombs, hair-slides and the like: Of hard rubber or plastics: Other: Combs: Other." The duty rate will be 11% ad valorem.

The applicable subheading for the fingerless mitt will be 6116.93.8800, HTSUS, which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: Without fourchettes.” The rate of duty will be 18.6% ad valorem. The textile category designation is 631.

The applicable subheading for the feather duster will be 9603.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Feather dusters." The rate of duty will be Free.

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.

Your inquiry does not provide enough information for us to give a classification ruling on the thigh high stockings. Your request for a classification ruling should include a sample, fabric content and decitex. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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