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NY I80799




May 13, 2002

CLA-2-61:RR:NC:3:353 I80799

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a costume cape from China.

Dear Ms. Liu:

In your letter dated April 17, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples under style number W79C7525. The capes have different fabrications: The first, a “Silver Halloween Cape“ is made from a 100% knit polyester tinsel fabric. The second, a “ Red Halloween Cape” is made from a 72% nylon and 28% polyester knit tinsel fabric. The third, a “Purple Halloween Cape” is made from a 72% nylon and 28% polyester knit tinsel fabric. The capes feature hoods, self-fabric ties at the neck and an overlock stitch around the frontal openings and bottoms.

The applicable subheading for style W79C7525 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted and crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 15.1 percent ad valorem.

Style W79C7525 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.

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be exempt from export visa and quota requirements if exported prior to June 1, 2002, and entered for consumption or withdrawn from warehouse for consumption prior to August 1, 2002.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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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