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NY H88091




March 14, 2002

CLA-2-62:RR:NC:3:353 H88091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of costume sets from China.

Dear Ms. Aldinger:

In your letter dated January 29, 2002 you requested a classification ruling.

The submitted sample is Item # 999452 Children Costume - 3 Styles. The styles consist of a Witch, Pumpkin and Ghost garment with a hat. The Witch garment is black, constructed of woven 100% polyester fabric, worn draped over the head and body, and features openings at the side seams for armholes and mesh fabric eyeholes; the Witch hat is constructed of woven man made fiber fabric. The Pumpkin garment is orange with a jack-o-lantern face, constructed of woven 100% polyester fabric, worn draped over the head and body, and features openings at the side seams for armholes and mesh fabric eyeholes; the Pumpkin hat is a green knit man made fiber baseball-style cap. The Ghost garment is white, constructed of woven 100% polyester fabric, worn draped over the head and body, and features openings at the side seams for armholes and mesh fabric eyeholes; the Ghost hat is a blue knit man made fiber baseball-style cap.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material component which gives them their essential character.” In this case, the garment imparts the essential character of the set

The applicable subheading for the Item # 999452 Children Costume - 3 Styles will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Other.” The duty rate will be 16.2% ad valorem.

Item # 999452 Children Costume - 3 Styles falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Even though the Pumpkin and Ghost caps are included as a constituent part of the set for classification purposes, they still fall within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met. The Witch hat is not subject to visa and quota 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 merchandise is being classified in accordance with the Court of International Trade decision in Rubie’s Costume Company v. United States, No.99-06-00388, Slip Op.02-14, (CIT Feb.19, 2002). It will be exempt from export visa and quota requirements if exported prior to April 1, 2002, and entered for consumption or withdrawn from warehouse for consumption prior to June 1, 2002. See Federal Register, March 4, 2002 (Volume 67, Number 42, Page 9706).

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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