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NY F89679




August 9, 2000

CLA-2-61:RR:NC:3:353 F89679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9030, 6113.00.9052, 6113.00.9070, 6113.00.9086

Mr. Frank Gomez
World Exchange, Inc.
8400 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of costumes from Hong Kong.

Dear Mr. Gomez:

In your letter dated June 27, 2000, received in this office on July 12, 2000, on behalf of California Costumes, you requested a classification ruling.

The submitted sample Halloween costumes, Item Numbers 05028 Cat Suit, 00715 Biker Jacket, 00723 Biker Babe and 00728 Cat Suit are constructed of knit 100% polyester fabric that is coated or covered with a polyurethane (PU) plastic material. Examination of the samples reveals that the PU coats, but does not completely obscure the underlying fabric. The items will be made in child’s, teen and adult sizes.

Item Number 05028 Cat Suit consists of a jumpsuit. The coverall-style garment has long sleeves and legs, and features a hook and loop neck closure, rear full zipper closure and fully finished edges.

Item Number 00715 Biker Jacket has long sleeves, extends to the hips, and features a collar, full front zipper closure, rear elasticized waist, attached self-fabric waist belt, and fully finished edges.

Item Number 00723 Biker Babe consists of a pullover and shorts. The pullover is short sleeve, and features a scoop neck and fully finished edges. The shorts feature a full front zipper closure and fully finished edges.

Item Number 00728 Cat Suit consists of a jumpsuit. The coverall-style garment has long sleeves and legs, and features a funnel-type neck, rear full zipper closure and fully finished edges.

Customs and your office agree that the items are not considered “festive articles” of Chapter 95; the costumes are considered “fancy dress” of Chapter 61.

The applicable subheading for the Item Number 00715 Biker Jacket sizes child’s, teen and adult will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Coats and jackets: Other: Women's or girls'.” The duty rate will be 7.3% ad valorem.

The applicable subheading for the Item Number 00723 Biker Babe shorts sizes child’s, teen and adult will be 6113.00.9052, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Trousers, breeches and shorts: Other: Women's or girls'.” The duty rate will be 7.3% ad valorem.

The applicable subheading for the Item Number 00723 Biker Babe pullover sizes child’s, teen and adult will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Other: Other: Women's or girls'.” The duty rate will be 7.3% ad valorem

The applicable subheading for the Item Numbers 05028 Cat Suit and 00728 Cat Suit sizes child’s, teen and adult will be 6113.00.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other, Overalls and coveralls: Other: Women's or girls'.” The duty rate will be 7.3% ad valorem.

Item Number 00715 Biker Jacket falls within textile category designation 635; Item Number 00723 Biker Babe shorts falls within textile category designation 648; Item Numbers 00723 Biker Babe pullover, 05028 Cat Suit and 00728 Cat Suit fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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