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NY J82307




April 1, 2003

CLA-2-61:RR:NC:3:353 J82307

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030, 6211.43.0091, 9505.90.6000

Mr. Randy Williams
Seasons USA Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of a costume from China.

Dear Mr. Williams:

In your letter dated March 13, 2003 you requested a classification ruling.

The submitted sample is a adult French Maid Costume consisting of a dress and apron made of woven 100% polyester fabric and a rigid headband trimmed with lace. The short sleeve dress has an elasticized neckline trimmed with lace. The waist apron is also trimmed with lace and has a self fabric tie.

The French Maid Costume consists of two garments, a dress and apron. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for the dress will be 6204.43.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’Dresses: Of Synthetic fibers: Other: Other, Other: Women’s .” The duty rate will be 16.1% ad valorem. The textile category designation is 636.

The applicable subheading for the apron will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suitsother garments: Other garments, women’s or girls;: Of man-made fibers, Other.” The duty rate will be 16.1% ad valorem. The textile category designation is 659.

The applicable subheading for the Ladybug rigid headband will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Combs, hair-slidesCombs, hair-slides and the like: Of hard rubber or plastics: Other: Combs: Other.” The duty rate will be 11% ad valorem.

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 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).

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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