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NY M84808





July 31, 2006

CLA-2-61:RR:NC:3:353 M84808

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6104.53.2010; 9503.90.0025; 4911.99.8000

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

RE: The tariff classification of a costume from China/ Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated June 21, 2006, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, Style 300792 Ring Girl (Guy) is an adult costume. The well-made costume features a knit uni-sex top constructed of 100% polyester fiber fabric. The costume also features a well-made knit skirt constructed of 100% polyester fiber fabric. The well-made top has oversized armholes, styling features, well-made neck and seams. The well-made skirt has styling features and well-made seams. The costume also consists of two plastic inflatable balls, inserted in the costume at the wearer’s chest and a “Round 2” printed sign.

Style 300792 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 6114.30.1020 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: tops, women’s or girls’. The duty rate will be 28.2 percent ad valorem.

The applicable subheading for the skirt will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, . . . knitted or crocheted: skirts and divided skirts: of synthetic fibers: other, women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for the inflatable balls will be 9503.90.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys parts and accessories thereof: other, inflatable toy balls, balloons and punchballs: other. The duty rate will be Free.

The applicable subheading for the printed sign will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other printed matter, including pictures and photographs: other; other: other: other. The duty rate 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/.

The top falls within textile category designation 639. The skirt falls within textile category designation 642. 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.

Sincerely,

Robert B. Swierupski
Director,

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