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NY N018812




November 19, 2007

CLA-2-62:OT:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030, 6104.43.2010, 6110.30.3053

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

RE: The tariff classification of costumes and novelty apparel from China.

Dear Mr. Fragomeli:

In your letter dated October 17, 2007, you requested a classification ruling. The samples which you submitted are being returned as requested.

Three samples were submitted with your request.

The Hello Kitty Rockabilly Kitty Costume Set will be imported as follows:

Item 6838600, Size M
Item 6838601, Size L

The Hello Kitty Rockabilly Kitty Costume consists of a dress and a headband with ears and bow. The dress is made of woven 100% polyester fabric. The sleeveless dress is trimmed with rick rack on the bottom, a cat appliqué on the skirt and ribbon laces with metal grommets on the back.

The Hello Kitty Rockabilly Kitty Costume Set is well made with a finished hem, styling and embellishments.

The Hello Kitty Charleston Kitty Costume Set will be imported as follows:

Item 6838602, Size M
Item 6838603, Size L

The Hello Kitty Charleston Kitty Costume Set consists of a dress, headband with feather and a head band with ears. The dress is made of knit 100% polyester fabric. The garment is a chemise style dress with thin straps, a double row of fringe at the bottom and across the top front of the dress and there is a cat appliqué on the skirt.

The Hello Kitty Charleston Kitty Costume Set is well made with a finished 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 dress imparts the essential character of the Hello Kitty Rockabilly and Charleston Kitty Sets.

   The applicable subheading for Hello Kitty Rockabilly Kitty Costume Set, Items 6838600 and 6838601 will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women’s." The rate of duty will be 16% ad valorem. The textile category designation is 636.

The applicable subheading for Hello Kitty Charleston Kitty Costume Set, Items 6838602 and 6838603 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear); knitted or crocheted: Dresses: Of synthetic fibers, Other, Women’s." The rate of duty will be 16% ad valorem. The textile category designation is 636. 

The Cyberdrone, Road Rampage, Seizures the Clown and Necro Mortis Novelty Set will be imported as follows:

Items 6808165, 6808166, 6808167, Assortment Items 6808168, 6808169, 6808170, Size S
Items 6808171, 6808172, 6808173, Size M
Items 6808174, 6808175, 6808176, Size L

The Cyberdrone, Road Rampage, Seizures the Clown and Necro Mortis Novelty Set consists of a hooded pullover and mask. The hooded pullover shirt is made of knit 100% polyester fabric. The pullover has an attached hood with a drawcord, long sleeves, and knit band at the bottom and at the wrists and printing at the front, that states “In the circus no one can hear you scream.”

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 hooded pullover imparts the essential character of the set.

        The applicable subheading for the Cyberdrone, Road Rampage, Seizures the Clown and Necro Mortis Novelty Set, will be 6110.30.3053, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Sweatersand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other, Other: Other: Men’s or boys’: Other." The rate of duty will be 32% ad valorem. The textile category designation is 638.

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.

Sincerely,

Robert B. Swierupski
Director,

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