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NY N020291





December 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Christian Lee
Handerson Handicraft Mfg. Co.
11F/6, No. 2, Jian-Ba Road, Chung-Ho
Taipei, Taiwan

RE: The tariff classification of adult costumes from China.

Dear Ms. Lee:

In your letter dated November 19, 2007, on behalf of Sears Holdings Global Sourcing Ltd., you requested a classification ruling. As requested, the samples will be returned.

You have submitted five samples. Style W-2296-01 is an adult’s Nurse Costume Set. The costume consists of a well-made dress constructed of polyester knit fabric. The dress has well-made styling features, a finished neck, finished seams, edges and sewn on embellishments. The set also includes a textile fabric nurse headpiece.

Style W-2336-00 is an adult’s Punk Witch Costume Set. The costume consists of a well-made dress constructed of polyester knit fabric. The dress has well-made styling features, a finished neck, finished edges and sewn on embellishments. The costume has a knit polyester cape that is flimsily made. The set also includes a textile fabric Witch’s hat.

Style W-2337-00 is an adult’s Buccaneer Beauty Costume Set. The costume consists of a well-made dress constructed of polyester knit fabric with knit nylon mesh overlays and sleeves. The dress has well-made styling features, a finished neck, finished seams, edges and sewn on embellishments. The set also includes a textile fabric tri-cornered pirate hat.

Style W-2341-00 is an adult’s Cleopatra Costume Set. The costume consists of a well-made dress constructed of polyester knit fabric. The dress has well-made styling features, a finished neck, finished seams and edges. The set also includes a textile fabric headband, collar and decorative belt.

Style W-2266-00 is an adult’s Riding Hood Costume. The costume consists of a well-made dress constructed of polyester knit fabric. The bodice, front center panel, small decorative apron and short sleeves are constructed of woven polyester fabric. The dress has well-made styling features, a finished neck, waist, finished edges, seams and sewn on embellishments. The knit fabric imparts the essential character of the dress. The costume has a knit polyester cape that is flimsily made.

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, for styles W-2296-01, W2336-00, W2337-00, W-2341-00 and W-2266-00, the dresses impart the essential character of the sets.

The applicable subheading for styles W-2296-01 Nurse Costume Set, W-2336-00 Punk Witch Costume Set, W-2337-00 Buccaneer Beauty Costume Set, W-2341-00 Cleopatra Costume Set and W-2266-00 Riding Hood Costume 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, . . . knitted or crocheted: dresses: of synthetic fibers: other, women’s. The duty rate will be 16 percent ad valorem. The textile category designation is 636.

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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