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NY I89303




January 14, 2003

CLA-2-62:RR:NC:3:353 I89303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5021; 6211.43.0091

Mr. Mark Davies
FedEx Trade Networks
4111-A Rose Lake Drive
Charlotte, NC 28217

RE: The tariff classification of costume sets from China.

Dear Mr. Davies:

In your letter dated December 11, 2002, on behalf of Benamy International, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style 19982 is a “Mail Carrier” costume set. The well-made set includes a children’s jacket and hat of 35% cotton and 65% polyester woven material. The jacket (garment) features a collar, long sleeves with elasticized cuffs, two breast pockets, a full frontal opening with a zippered closure an “U.S. Mail” patch on the left sleeve and an elasticized bottom. The hat features a plastic brim and an embroidered “U.S. Mail” patch. Also included is a woven 35% cotton and 65% polyester mailbag

Style 16093 is a “Police Officer” costume set. The well-made set includes a children’s jacket and hat of 35% cotton and 65% polyester woven material. The jacket (garment) features a collar, long sleeves with elasticized cuffs, two breast pockets, a full frontal opening with a zippered closure an “Police” badge patch on the left chest pocket and an elasticized bottom. The hat features a plastic brim and an embroidered “Police” badge patch.

Style 16095 is a “Nurse” costume set. The well-made set includes a children’s apron and hat of 35% cotton and 65% polyester woven material. The bib apron (garment) features an adjustable neck strap, self-fabric ties, a bottom right side patch pocket and a hemmed bottom. The apron reaches right above the child’s knee. The nurse hat has two adjustable hook and loop closures on the back of the hat.

Style 16094 is a “Doctor” costume set. The well-made set includes a children’s surgical “gown” and cap of 35% cotton and 65% polyester woven material. The surgical gown (smock like garment) features a round neckline, short hemmed sleeves, a patch pocket on the bottom right side, a full back opening with two self-fabric ties and hemmed bottom. The top reaches below the child’s waist. The surgical cap hat has is partially elasticized on the back of the cap. Also included is a woven 35% cotton and 65% polyester surgical mask.

GRI 3(b) is applicable when the 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 component which gives them their essential character.” In this case, the garment imparts the essential character of the sets.

The applicable subheading for styles 19982 and 16093 will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks, windbreakers and similar articles, other than those of heading 6204: anoraks, windbreakers and similar articles: of man-made fibers: other: other: other: girls’. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for styles 16095 and 16094 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits and swimwear; other garments: of man-made fibers, other. The duty rate will be 16.1 percent ad valorem.

Styles 19982 and 16093 fall within textile category designation 635. Based upon international textile trade agreements products of China are subject to quota and the requirement of visa.

Styles 16095 and 16094 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of visa.

Even though the hats and cap for all four styles are included as a constituent part of the sets for classification purposes, they still fall within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met.

The mail-bag and mask are not subject to quota or the requirement of visa from China.

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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