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NY H89167




March 29, 2002

CLA-2-95:RR:NC:SP: 225 H89167

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.70.0000; 6104.53.2020

Dennis Shostak
Paper Magic Group
100 North Sixth Street Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of a Costume and Dress-Up Sets from China

Dear Mr. Shostak:

In your letter dated March 12, 2002 you requested a classification ruling.

Four of the items are dress-up sets:

6520400, Flapper, consists of a headband, long beads, fringe and a fan. 6520260, French Maid, consists of a headband, an apron, a choker and a feather duster. 6521040, Ninja, consists of a hood, a sash, arm bands and a dagger. 6521000, Bride, consists of a veil, a bouquet and a bridal “train”.

The applicable subheading for the four dress-up sets, 6520400-Flapper, 6520260-French Maid, 6521040-Ninja, and 6521000-Bride, will be 9703.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys; : Other toys, put up in sets or outfits, and parts and accessories thereof. The duty rate will be free.

The fifth item is a costume. 6520400, Belly Dancer, consists of a sheer skirt with matching veil, cymbals and a stick-on gem. The individual pieces of this costume, the veil and the skirt (garment), are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by application of GRI 3(b) according to the component that imparts the essential character. For this item, the garment imparts the essential character.

The applicable subheading for the Belly Dancer, 6520400 will be 6104.53.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, .: Of synthetic fibers: Other: Girls’. The duty rate will be 16.2 ad valorem.

6104.53.2020 falls within textile category designation 642. Based upon international textile trade agreements products of China 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 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 June 1, 2002, and entered for consumption or withdrawn from warehouse for consumption prior to August 1, 2002. See Federal Register, March 22, 2002 (Volume 67, Number 56, Pages 13318-13319).

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 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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