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NY J80157




January 28, 2003

CLA-2-61: RR: NC: 3:353 J80157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

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

RE: The tariff classification of a costume from China.

Dear Ms. Rogalski:

In your letter dated, January 16, 2003, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 4536 Rasta Monster is a children’s costume. The well-made costume consists of a 100% polyester knit coverall. The costume features a capped neckline with a hook and loop strip closure in the back, a triangular fabric inset on the top front, long sleeves with raw edges, a tail, fake fur trim on the bottom of the legs and elasticized leg openings. The costume also features a hood with a stuffed face on the crown and “rasta” type mesh fabric dreadlocks and a hook and loop closure under the chin.

The individual pieces of the costume, the hood and the coverall (garment), are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by the application of GRI 3(b) according to the component that imparts the essential character. For this item, the garment imparts the essential character.

The applicable subheading for style 4536 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 percent ad valorem.

Style 4536 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.

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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