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January 28, 1999

CLA-2-95:RR:NC:SP:225 D86523

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000

Mr. Kevin Maher
C-Air Customhouse Brokers
153-66 Rockaway Blvd.
Jamaica, N.Y. 11434

RE: The tariff classification of a child’s dress-up set from China

Dear Mr. Maher:

In your letter dated January 5, 1999 you requested a tariff classification ruling on behalf of Edlin Enterprises.

The “Deluxe Collection 672-4 C” is a child’s dress-up set consisting of an imitation fur cape, gloves, plastic shoes, plastic necklace, earrings and ring. Designed for children ages 3 and up, the set is intended for a child to “dress-up” like a glamorous lady.

We note that the cape is not considered a garment, but rather, is viewed as an accessory. Lacking a garment of wearing apparel distinguishes this set from the category of “costume” whose requirements differ. In any case, provided the goods are imported packaged together as a set for retail sale they will be considered a toy set for classification purposes. Your sample is being returned as requested.

The applicable subheading for the “Deluxe Collection 672-4 C” will be 9503.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be free.

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 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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