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NY M84456

July 20, 2006

CLA-2-61:RR:NC:N3:353 M84456


TARIFF NO.: 6114.30.3070, 6204.53.3020, 6108.11.0010, 6217.10.9530, 5806.32.2000

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

Style 400199, Swiss Sweetie Costume consists of a top, skirt, petticoat, thigh high stockings, apron and hair ribbons. The short sleeve top is made of knit 100% polyester fabric. The garment extends to just below the bust and has detachable garters and faux laces at the front and embroidered embellishments. The skirt is made of woven 100% polyester fabric with a trimmed elasticized waist and embroidered trim with embellishments at the bottom. The multi-layered petticoat is made of a knit polyester tricot fabric with a tunneled elastic waistband and embroidered trim at the bottom. The very small waist apron is made of woven polyester fabric and does not provide protection for the clothing.

The Swiss Sweetie 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 top 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 general duty rate will be 14.9% ad valorem. The textile category designation is 659.

  The applicable subheading for skirt will be 6204.53.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suitsskirts(other than swimwear): Skirts and divided skirts: Of synthetic fibers: Other: Other, Girls’." The duty rate will be 16% ad valorem. The textile category is 642.

 The applicable subheading for the petticoat will be 6108.11.0010, HTSUS, which provides for “Women’s or girls’ slips, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: slips and petticoats: Of man-made fibers, Women’s.” The duty rate will be 14.9% ad valorem. The textile category designation is 652.

 The applicable subheading for the apron will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories; parts of garments and clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

   The applicable subheading for the unfinished ribbons will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other narrow woven fabricsof man-made fibers.” The rate of duty will be 6.2% ad valorem. The textile category designation is 229.

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 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.

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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