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NY H88105

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March 13, 2002

CLA-2-61:RR:NC:3:353 H88105

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020, 6104.63.2028, 6206.30.3060, 6210.10.9040, 6217.10.8500, 6702.90.3500, 9004.900000, 7117.90.5500, 7117.90.7500

Mr.Randall Houchen
T.H. Weiss Inc.
9420 W. Foster, Suite 210
Chicago, IL 60656

RE: The tariff classification of Costumes from China.

Dear Mr. Houchen:

In your letter dated February 1, 2002, on behalf of Lincoln Logistics, you requested a classification ruling.

Two sample children’s costumes were submitted with your request. Style #GGH1, Girls Princess Costume Set consists of a long dress, crown, belt and necklace. The long dress, style GGH1-01 is composed of a body of 100% knit polyester fabric with woven nylon sleeves and front insert. There is a hook closure at the back. The crown, style GGH1-02 and belt, GGH1-03 are composed of woven 100% nylon fabric. The crown is approximately 2” wide with imitation jewels at the front. The belt is approximately 2” wide, slightly wider at the front with imitation jewels at the front and a hook and loop closure at the back. The necklace, GGH-04 is a necklace composed of plastic with imitation jewels.

StyleGGH3, Hippie Costume consists of pants, blouse, vest, flower, headband, sunglasses and necklace. The pants, style GGH3-01 are composed of knit 100% polyester fabric with an elastic waistband. The blouse, GGH3-02 is composed of 100% woven fabric with an elastic neckline and wide sleeves. The vest, GGH3-03 is composed of acrylic felt fabric. The flower, style GGH3-04 is composed of 100% polyester fabric and the headband, style GGH3-05 is composed of woven 80% rayon/20%polyester. The headband is designed as small textile flowers with elastic at the back. The granny style sunglasses, style GGH3-06 are composed of a plastic resin lenses with wire frames. The necklace, style GGH3-07, is composed of plastic beads with a metal peace sign.

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.” The accessory item in the set is classified in accordance with the article from which the set derives its essential character. In this case, for the Girls Princess Costume, Style GGH1 the dress imparts the essential character of the set.

The Hippie Costume, Style GGH3 consists of two garments, a blouse and a skirt. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for the Princess Costume, Style GGH1 will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’dressesknitted or crocheted: Dresses: Of synthetic fibers: Other, Girls’.” The duty rate will be 16.2% ad valorem. The textile category designation is 636.

Even though the crown for Style GGH1-02 crown is included as a constituent part of the set for classification purposes, it still falls within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met.

The applicable subheading for GGH3--01 the Hippie Costume pants will be 6104.63.2028, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’trousersknitted or crochetedTrousersOf synthetic fibers: Other: Other, Trousers and breeches: Girls’: Other: Other.” The duty rate will be 28.6% ad valorem. The textile category designation is 648.

The applicable subheading for the Hippie Costume blouse GGH3-02 will be 6206.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other, Other.” The duty rate will be 15.6% ad valorem. The textile category designation is 341.

The applicable subheading for the Hippie Costume vest GGH3-03 will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate is 16.2% ad valorem. The textile category designation is 659.

The applicable subheading for the Hippie Costume flower GGH3-04 will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Artificial flowersOf other materials: Other: Of man-made fibers. The duty rate will be 9% ad valorem.

The applicable subheading for the Hippie Costume headband GGH3-05 will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessoriesAccessories: Other: Headbands, ponytail holders and similar articles. The duty rate will be 14.8% ad valorem.

The applicable subheading for the Hippie Costume sunglasses, GGH3-06 will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Spectacles, gogglesOther.” The duty rate will be 2.5% ad valorem.

The Hippie costume necklace will be classified as follows depending on the value.

The applicable subheading for the Hippie Costume necklace, GGH3-07 will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Valued not over 20 cents per dozen pieces or parts: Other.” The duty rate will be 7.2% ad valorem.

The applicable subheading for the Hippie Costume necklace, GGH3-07 will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics. The duty rate will be Free.

Based upon international textile trade agreements products of China in categories 636, 648, 341 and 659 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 Redilinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6104.43.20 - Women's or girls' dresses, knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6104.63.20 - Women's or girls' trousers, breeches and shorts, knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6206.30.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6210.10.90 - Garments, nesoi, made up of fabrics of heading 5602 or 5603, not formed or lined w paper, not k/c
• Tariff No.: 6217.10.85 - Headbands, ponytail holders and similar articles, of textile materials containing < 70% by weight of silk, not knit/crochet
• Tariff No.: 6702.90.35 - Artificial flowers/foliage/fruit & pts thereof; articles of artif. flowers, etc.; all the foregoing of man-made fibers
• Tariff No.: 7117.90.55 - Imitation jewelry nesoi, not of base metal, n/o 20 cents/doz. pcs or pts
• Tariff No.: 7117.90.75 - Imitation jewelry of plastics, nesoi, over 20 cents/dozen pcs or pts
• Tariff No.: 9004.90.00 - Spectacles, goggles and the like, corrective, protective or other, other than sunglasses