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NY J82816




April 15, 2003

CLA-2-61:RR:NC:3:353 J82816

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 an adult costume from Mexico.

Dear Ms. Rogalski:

In your letter dated March 25, 2003 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 1934, Primal Queen Costume consists of a dress and detached shoulder accessory. The dress is made of knit 100% polyester fabric and the accessory is knit fabric coated with plastic material. The garment has a tattered bottom and long faux fur sleeves. The bottom and neckline has raw edges.

The individual pieces of the costume, the detached shoulder accessory and the dress, are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by 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 1934 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’dressesknitted or crocheted: Dresses: Of synthetic fibers: Women’s.” The general duty rate will be 16.1% ad valorem.

Style 1934 falls within textile category designation 636. Based upon international textile trade agreements products of Mexico are not subject to quota and the requirement of a visa.

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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