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NY M85765

September 5, 2006

CLA-2-61:RR:NC:N3:353 M85765


TARIFF NO.: 6113.00.9086

Mr. Ken August
Fun World
80 Voice Rd.
Carle Place, New York 11514

RE: The tariff classification of adult costumes from China.

Dear Mr. August:

In your letter dated August 9, 2006, you requested a classification ruling.

Style 5447, Seymore Boobs Costume consists of a one-piece garment made of knit polyester fabric bonded to plastic foam. The garment is box shaped with a large opening in the front and armholes at the sides. The item has a wire frame to maintain the shape and will be imported in a poly bag. The Seymore Boobs Costume will also be imported on a hanger as style 5447H.

Style 5449, Buzzed Nice Beer consists of a one-piece garment made of knit polyester fabric bonded to plastic foam. The garment is in the shape of a beer can and has wire loops at the top and bottom to maintain its shape. The pop-top tab embellishes the garment. The Buzzed Nice Beer Costume will also be imported on a hanger as style 5449H.

The above costumes are well made with styling finished seams and embellishments.

The applicable subheading for styles 5447, 5447H, 5449, 5449H will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Other: Women’s or girls’.” The duty rate will be 7.1% 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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