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NY I89851




January 24, 2003

CLA-2-61: RR: NC: 3:353 I89851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Anna Maria Salas Rogalski
Disguise Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a costume from Mexico.

Dear Ms. Rogalski:

In your letter dated, January 13, 2003, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 1188 Queen’s Dress is a women’s costume. The costume consists of a knit panne polyester dress. The dress features a scoop raw edged neckline, a hook and loop tab closure on the back of the dress, long knit satin and panne sleeves with a satin raw edged ruffle at the cuff, a raw edged back tie at the waist and a raw edged hem.

The applicable subheading for style 1188 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for woman’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, . . ., knitted or crocheted: dresses: of synthetic fibers: other, women’s. The general duty rate will be 16.1 percent ad valorem.

The product is not subject to quota or visa requirements from Mexico.

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 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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