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NY B86469




July 6, 1997

CLA-2-95:RR:NC:SP:225 B86469

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6090; 9505.90.6020; 9503.90.0030; 4202.92.3030

Meredith Covey
Import Operations Manager
The GAP, inc.
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of a Princess Costume from China

Dear Ms. Covey:

In your letter dated June 19, 1997 you requested a classification ruling.

The item, style 353061, Princess Costume, consists of three pieces: a tutu, a hat and a wand. The tutu is 100% nylon mesh gathered at the waist by thin elastic sewn directly on the fabric with a single straight stitch. Decorative rosettes and satin bows are sewn onto the tutu. The conical shaped hat is of a bright silver knit polyester, with nylon mesh and ribbons attached to the toy of the hat and an elastic chin strap. The wand is a plastic tube with an attached stuffed textile star decorated with ribbons. The costume is shipped and sold in a 100% woven nylon bags with drawstring closure. The front of the bag has "Trick or Treat", the face of a girl wearing the conical hat and the word "princess".

The stuff bag of man made textile material is of a kind designed to carry personal effects. It is neither a GRI 3(b) composite good nor a GRI 5(a) carrying case. Therefore, each item will be separately classified.

The applicable subheading for the tutu will be 9505.90.60, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, ....:Other: Other: Other. The duty rate will be free.

The applicable subheading for the hat will be 9505.90.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles,....:Other: Other: Hats: Other. The duty rate will be free.

The applicable subheading for the ward will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; ....:Other: Other toys (except models), not having a spring mechanism. The duty rate will be free.

The applicable subheading for the stuff bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for Trunks, suitcases, vanity cases, attache cases, ...; traveling bag, toiletry bags, knapsacks and backpacks, handbags, shipping bags,...: Other: With outer surfaced of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other: Other: Other. The duty rate will be 19.3 percent ad valorem.

HTS 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The sample submitted to this office was found to be not legally marked. Please ensure that your products reflect proper country of origin requirements. Your sample is returned as requested.

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 Alice J. Wong at 212 466-5538.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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