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NY I83467




July 12, 2002

CLA-2-62:RR:NC:3:353 I83467

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040, 6113.00.9086

Mr. Robert Berman
Rasta Imposta
P.O. Box 7
Runnemede, NJ 08078

RE: The tariff classification of costumes from China.

Dear Mr. Berman:

In ruling NY I81439 dated May 30, 2002 you received a classification ruling for items Saltshaker, Peppershaker, Ketchup Bottle, Mustard Bottle, Deviled Egg and Campbell’s Soup Can Costumes. All the costumes were subject to quota restrictions and visa requirements. CITA has since decided to exempt from export visa and quota requirements until further notice all costumes subject to the Rubie’s Costume Company v. United States. You believe that you have redesigned the costumes so that they would meet Rubie’s requirements.

The submitted samples are Saltshaker, Peppershaker, Ketchup Bottle, Mustard Bottle, Deviled Egg and Campbell’s Soup Can Costumes. The Saltshaker, Peppershaker, Ketchup Bottle, Mustard Bottle and Deviled Egg Costumes are constructed of polyester needle point felt fabric. The Campbell’s Soup Can Costume is constructed of neoprene foam covered on both sides with knit 100% polyester fabric. The Saltshaker Costume is white, is shaped like a cylinder with a glued-on black letter “S” at the front, the neck is visibly overlock stitched, and the armholes and bottom are raw. There is a foam and silver fabric hat shaped like a “shaker” top. The Peppershaker Costume is black, is shaped like a cylinder with a glued-on white letter “P” at the front, the neck is visibly overlock stitched, and the armholes and bottom are raw. There is a foam and silver fabric hat shaped like a “shaker” top. The Ketchup Bottle Costume is red, is shaped like a “squeeze” bottle, has the word “ketchup” printed at the front, the neck is visibly overlock stitched, and the armholes and bottom are raw. There is a foam and fabric hat shaped like a dispenser lid. The Mustard Bottle Costume is yellow, is shaped like a “squeeze” bottle, has the word “mustard” printed at the front, the neck is visibly overlock stitched, and the armholes and bottom are raw. There is a foam and fabric hat shaped like a dispenser lid. The Deviled Egg Costume is white and shaped like an egg, and features a sewn-on yellow “yoke,” and glued-on red devil horns and tail. The hole for the face is raw edged while the remaining edges are visibly overlock stitched. The Campbell’s Soup Can Costume is printed to look like a tomato soup can, and features raw edges on the neck and armholes and a visibly overlock stitched bottom.

Regarding the Saltshaker, Peppershaker, Ketchup Bottle and Mustard Bottle Costumes, the individual pieces of the costume, the hat and the 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 these items, the garment imparts the essential character.

The felt is a fabric of heading 5602; the polyester covered neoprene is a fabric of 5906.

The applicable subheading for the Saltshaker, Peppershaker, Ketchup Bottle, Mustard Bottle and Deviled Egg Costumes 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.” The duty rate will be 16.2% ad valorem.

The applicable subheading for the Campbell’s Soup Can Costume 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 7.2% ad valorem.

The Saltshaker, Peppershaker, Ketchup Bottle, Mustard Bottle, Deviled Egg and Campbell’s Soup Can Costumes fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. However, 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). The case has been appealed. The merchandise will be exempt from export visa and quota requirements until further notice. See Federal Register, June 25, 2002 (Volume 67, Number 122, Page 42760).

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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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