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NY I84567




August 7, 2002

CLA-2-52:RR:NC:3:353 I84567

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Susan D. Klingbeil
Ikea Wholesale
496 West Germantown Pike
Plymouth Meeting, PA 19462

RE: The tariff classification of costume capes from Indonesia.

Dear Ms. Klingbeil:

In your letter dated July 25, 2002 you requested a classification ruling.

You have submitted two samples. Style 70057917 is child’s “Bat” costume cape of a knit100% polyester fleece material. The cape fits on the head of the wearer and has a mitt-like end that fits over the hands of the wearer. The hood part of the cape has applied eyes and bat ears and the sides are unfinished.

Style 80057912 is child’s “Lynx” costume cape of a knit100% polyester fleece material. The cape has an attached hood that fits on the head of the wearer and has a mitten-like end that fits over the hands of the wearer. The hood part of the cape has applied eyelashes, there is a tail in the back of the garment and the sides are unfinished.

The applicable subheading for styles 70057917 and 80057912 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 15.1 percent ad valorem.

Styles 70057917 and 80057912 fall within textile category designation 659. Based upon international textile trade agreements products of Indonesia 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). 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).

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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