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NY I85211




September 12, 2002

CLA-2-61:RR:NC:3:353 I85211

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

Mr. Michael Paneth
Seasons By Zauder
10 Henry St.
Freeport, NY 11520

RE: The tariff classification of a costume from Hong Kong or China.

Dear Mr. Paneth:

In your letter dated August 13, 2002 you requested a classification ruling.

The submitted sample is a Style No. 82174 Feather Witch costume consisting of culottes, hat, belt and feather trim. The adult black dress-style culottes are constructed of knit 100% polyester fabric, and feature a raw neck, finished waist, raw edges and a string tie rear closure. The black fabric witch hat features orange feather trim. The fabric belt is orange with black fabric ties. The orange feather trim is worn at the wrists.

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 or component which gives them their essential character.” In this case, the culottes impart the essential character of the set.

The applicable subheading for the Style No. 82174 Feather Witch costume will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Coveralls, jumpsuits and similar apparel: Women's or girls': Other” The duty rate will be 15.1% ad valorem.

Style No. 82174 Feather Witch costume 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.

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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