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NY N011393

June 7, 2007



TARIFF NO.: 6211.43.0020

Ms. Helen Cooper
Fun World/Pony Division
9431 Dowdy Dr., Suite A
San Diego, CA 92126

RE: The tariff classification of a child’s unisex costume from China and Taiwan.

Dear Ms. Cooper:

In your letter dated May 14, 2007, you requested a classification ruling. The sample will be returned to you.

The submitted sample, Style 114242 Deluxe Astronaut –Child Costume Set consists of a jumpsuit and a cap made of woven 100% polyester fabric. The jumpsuit has long sleeves and pants, knit ribbed tightening at the ankles, stand-up collar, elastic at the waist and a full front zipper closure. Attached at each shoulder are 2” straps with an attached belt and a hook and loop closure.

The costume is well made with finished edges, neckline, styling and embellishments.

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 jumpsuit imparts the essential character of the set.

 The applicable subheading for Style 114242, Deluxe Astronaut Costume Set will be 6211.43.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suitsOther garments, women’s or girls’: Coveralls, jumpsuits and similar apparel: Other: Girls’." The duty rate will be 16% ad valorem. The textile category designation is 237.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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