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NY 885391




May 20, 1993

CLA-2-95:S:N:N8:225 885391

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.5000, 7117.90.5000, 6307.90.5020, 7319.20.0050

Mr. DeWitt Durham
Klutz Press
2121 Staunton Court
Palo Alto, CA 94306

RE: The tariff classification of a plastic eye patch, fangs, mask, jewelry, shoelaces and safety pin from Taiwan

Dear Mr. DeWitt:

In your letter dated April 22, 1993, you requested a classification ruling.

The articles submitted are described as costume props which you intend to incorporate with a "Make Believe" book upon importation. The items will be imported in a clear plastic box. The box is considered a usual packing container which is classifiable with the goods entered therein.

The "props" include the following articles: a plastic, black, eye patch having the insignia of a skull and crossbones; plastic, white, vampire fangs; a white felt mask which consists of a 2 inch wide strip of fabric with cut out eyes and an elastic sewn in the back; a metal clip on earring with an attached gold plastic hoop; a necklace made of 1 1/4 inch wide velour ribbon with a metal gold cross attached; two soft plastic rings; a pair of metallic braided shoelaces measuring 32 inches in length; and a 3 inch metal safety pin. All references to gold are imitation only. In regards to the plastic eye patch, vampire fangs and felt mask under the pertinent Customs regulations, this office is precluded from ruling on a request from an importer concerning the tariff classification of
merchandise which is the subject of a pending or completed Customs transaction. The issue of costumes is presently before the Court of
International Trade. If you wish to have your arguments considered and ruled upon by our Headquarters office, you should request the District or
Area Director having jurisdiction over the entry of your merchandise to seek a ruling from Headquarters through the Internal Advice procedure. If the entry has been liquidated, you should file a protest and seek further review of that protest by our Headquarters office.

The applicable subheading for the metal clip on earring with an attached gold plastic hoop and the necklace made of velour ribbon with a metal gold cross attached will be 7117.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: of base metal, whether or not plated with precious metal: other. The duty rate will be 11 percent ad valorem.

The applicable subheading for the two soft plastic rings will be 7117.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts. The duty rate will be 11 percent ad valorem.

The applicable subheading for the 3 inch safety pin will be 7319.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for safety pins and other pins of iron or steel: other pins: other. The duty rate will be 9 percent ad valorem.

The applicable subheading for the metallic shoelaces will be 6307.90.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles: corset lacings, footwear lacings or similar lacings. The duty rate will be 7.9 percent ad valorem.

The metallic shoelaces fall within textile category designation 669. Based upon international textile trade agreements, products of Taiwan are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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