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NY N015807

September 6, 2007



TARIFF NO.: 6211.43.0078

Mr. Lane Fragomeli
Paper Magic Group
345 7th Avenue, 6th Floor
New York, NY 10001

RE: The tariff classification of an adult unisex costume from China.

Dear Mr. Fragomeli:

In your letter dated August 1, 2007 received in this office August 15, 2007, you requested a classification ruling. The samples which you submitted are being returned as requested.

The submitted sample, “In Goth We Trust” Punk Rocker Man Costume Set will be imported as:

Item 6838062, Size S, Adult
Item 6838063, Size M, Adult
Item 6838064, Size L, Adult

The “In Goth We Trust” Punk Rocker Man Costume Set consists of a jacket, flimsy made shirt and a wig. The jacket is made of woven 100% polyester fabric. The garment has metal grommets on each side of the front and back, stand-up collar, mesh net sleeves and a full front zipper closure with a chain that extends from the shoulder to the zipper pull.

The jacket is well made with a finished neck, seams, edges and styling.

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 jacket imparts the essential character of the set.      The applicable subheading for “In Goth We Trust” Punk Rocker Man Costume Set, Items 6838062, 6838063 and 6838064 will  be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Track suits, ski-suits and swimwear; other garments: Of man-made fibers: Jackets and jacket–type garments excluded from heading 6202.” The duty rate will be 16% ad valorem. The textile category designation is 635.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. Information can also be found at the FTC website www.ftc.gov (click on "Consumer Protection,” “Business Information,” “Clothing & Textiles,” “Threading Your Way Through the Labeling Requirements”).

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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