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NY M84455




July 17, 2006

CLA-2-61:RR:NC:3:353 M84455

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

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

RE: The tariff classification of costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

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

The submitted samples are Style Nos. 400212 Racy Referee and 300877 China Doll.

Style No. 400212 Racy Referee consists of an adult dress, whistle and socks. The dress is constructed of a top portion of knit 100% polyester fabric and a bottom portion of knit 65% cotton, 35% polyester fabric. The top portion imparts the essential character of the dress. The well-made dress features styling and a finished neckline, waist and edges. The knee-high length socks are constructed of 100% knit polyester.

Style No. 300877 China Doll consists of an adult dress, waist sash, fan and hair tie. The dress is constructed of knit 100% polyester fabric. The well-made dress features styling, a frog closure and is finished with lace. The cummerbund-style waist sash is constructed of textile fabric.

General Rule of Interpretation (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 dresses impart the essential character of the sets.

The applicable subheading for the Style Nos. 400212 Racy Referee and 300877 China Doll sets will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dressesknitted or crocheted: dresses: of synthetic fibers: other, women’s. The duty rate will be 16 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/.

The Style Nos. 400212 Racy Referee and 300877 dresses fall within textile category designation 636. Even though the Style No. 400212 sock is included as a constituent part of the set for classification purposes, they still fall within textile category 632 and may be subject to textile quota and visa requirements, which 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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