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NY C86396




April 27, 1998

CLA-2-62:RR:NC:3:353 C86396

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Douglas Mundil
Disguise Inc.
9040 Activity Rd.
San Diego, CA 92126

RE: The tariff classification of inflatable Santa Suit from China and/or Hong Kong.

Dear Mr. Mundil:

In your letter dated April 9, 1998 you requested a classification ruling.

The submitted sample is an inflatable Santa Suit with a hat that consists of a woven man-made fiber fabric. The garment is a one piece suit with a belt and boot tops sewn into the overall fabric. It has a full front flap zippered closure with an elastic strip at the neckline and a hook and loop closure. At the wrists and ankles there are drawcord fasteners with plastic drawcord stoppers. Also accompanying the suit is a battery pack and fan that is necessary to keep the suit inflated. The hat is cone shaped with a self fabric pom pom at the top and an elastic band with a hook and loop closure encompassing the head.

The applicable subheading for the inflatable Santa Suit will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Of man-made fibers, Other.". The duty rate will be 16.6% ad valorem.

The Santa Suit falls within textile category designation 659. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa.

Since small changes in the physical characteristics, or material composition of this product may result in a different determination with regards to its classification, this ruling applies only to products with identical specifications.

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.

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 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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