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NY M84453




July 20, 2006

CLA-2-61:RR:NC:N3:353 M84453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010, 6217.10.9530, 6117.80.9540, 6505.90.8090

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Pl., Suite C
San Diego, CA92126

RE: The tariff classification of an adult costume from China/Hong Kong/Vietnam.

Dear Ms. Perry:

In your letter dated June 13, 2006, you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, style 400201, Gangsta Lady Costume consists of a bustier, skirt, thigh high stockings, cuffs, collar with tie and a hat. The short skirt is made of knit velour polyester fabric. The skirt has an elasticized waist with trim, a finished hem and embellishments on the skirt. The cuffs are made of woven polyester fabric and are 5” wide with adjustable snaps. The collar is made of knit polyester fabric with a snap closure and an attached tie. The bucket style hat is made of woven velour 58% acetate/42% nylon fabric.

The Gangsta Lady Costume is well made with finished seams, styling and embellishments.

The Gangsta Lady Costume 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 the skirt will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’sskirtsknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem. The textile category designation is 642.

 The applicable subheading for cuffs will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be14.6% ad valorem. The textile category designation is 659.

       The applicable subheading for collar will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories knitted or crochetedOther accessories: Other, Of man-made fibers: Other." The duty rate will be 14.6% ad valorem. The textile category designation is 659.

 The applicable subheading for hat will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for “Hats and headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed . . .Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” The duty rate will be18.7 cents per kg. + 6.8% 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/.

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, and the 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.

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.

The question of classification for the bustier (NY Control Number M84421) is being referred to Customs and Border Protection Headquarters, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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