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NY J81696




March 27, 2003

CLA-2-61:RR:NC:3:353 J81696

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

Ms. Wendy Yeh
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064-7139

RE: The tariff classification of costumes from China.

Dear Ms. Yeh:

In your letter dated February 24, 2003, received in this office on March 10, 2003, you requested a classification ruling. No sample was provided as the National Import Specialist has previously seen similar costumes.

The costumes in question are Style #s 5766K & 5766L Spider-Man Deluxe Muscle (Torso), 5767K & 5767L Red Ranger Deluxe Muscle, 5770K & 5770L Deluxe Hulk (Upper and Lower Body), and 5817K & 5817L Beetle Ranger Red Deluxe Muscle Costumes. All the costumes consist of a coverall and mask. The coverall is constructed of a 100% knit polyester fabric and features a capped neckline and stuffed areas styled to resemble muscles. The masks are made of textile fabric or plastic. “K” costumes are size 7-10 and “L” costumes are size 4-6. Customs and your office agree that all the costumes are well made.

The applicable subheading for the Style #s 5766K & 5766L Spider-Man Deluxe Muscle (Torso), 5767K & 5767L Red Ranger Deluxe Muscle, 5770K & 5770L Deluxe Hulk (Upper and Lower Body), and 5817K & 5817L Beetle Ranger Red Deluxe Muscle Costumes 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, Other: Women’s or girls’.” The duty rate will be 15% ad valorem.

The Style #s 5766K & 5766L Spider-Man Deluxe Muscle (Torso), 5767K & 5767L Red Ranger Deluxe Muscle, 5770K & 5770L Deluxe Hulk (Upper and Lower Body), and 5817K & 5817L Beetle Ranger Red Deluxe Muscle Costumes fall 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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