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NY J82848




April 10, 2003

CLA-2-61:RR:NC:3:353 J82848

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040, 6114.30.3054

Ms. Anna Maria Salas 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 March 25, 2003 you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, style 5773, Grumpy Bear Plush Costume, infant size, is made of knit 70% acrylic/30% polyester fabric. The is costume is well made coverall with an attached hood with the face of a bear, long sleeves and an full font zipper closure. You also state that the identical costume will be imported in toddler sizes.

The applicable subheading for the infant costume, style 5773 will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other.” The rate of duty will be 16.1 % ad valorem. The textile category designation is 239.

The applicable subheading for the toddler costumes, styles 5773 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: Other.” The rate of duty will be 15% ad valorem. Th textile category designation is 659.

China is a member of the World Trade Organization (WTO), and the infant sized costume, style 5773, textile category 239 is not subject to quota or the requirements of a visa.

Based upon international textile trade agreements the toddler costumes, 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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