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NY N026011

May 6, 2008



TARIFF NO.: 6505.90.6090, 9505.906000

Ms. Irene Tsiavos
Fun World
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of an accessory kit from China, Taiwan, India and Vietnam.

Dear Ms. Tsiavos:

In your letter dated April 8, 2008, you requested a classification ruling.

The submitted sample #7610, Bling in the Holidays, consists of a hat, goatee/beard and sunglasses. The hat and goatee/beard are constructed of knit polyester fabric. The red and white hat fits snuggly to the crown of the head, has no brim and features a white pom pom on the top. The faux goatee/beard is meant to be glued to the face.

Although imported packed together, the hat, mustache/goatee and sunglasses will be packed in the United States with a tee shirt to create a Gangsta Santa costume. As such, they are not packaged together ready for retail sale and will be classified separately.

The applicable subheading for the hat will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hats and other headgearother: other: of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not on part of braid, other: other: other. The duty rate will be 20 cents per kilogram plus 7% ad valorem.

The applicable subheading for the goatee/beard will be 9505.906000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other." The duty rate will be Free.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the sunglasses included as part of # 7610, Bling in the Holidays. The sunglasses that you furnished with your request for a ruling appear to be a prototype or a mock up version of sunglasses. Please provide an actual sample of the sunglasses in their imported condition. When the actual sample is available, you may wish to consider resubmission of your request.

For your information, sunglasses are required to meet the impact-resistance test as stated in the U.S. Food and Drug Administration Regulation, 21 CFR 801.410. Importations of sunglasses require U.S. Food and Drug Administration clearance. An FDA 1 form may be required.

We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The hat falls within textile category 659. 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.

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; questions regarding the classification of sunglasses can be directed to National Import Specialist Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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