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NY J83004





April 25, 2003

CLA-2-62:RR:NC:3:353 J83004

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 7117.90.5500, 7117.907500

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

RE: The tariff classification of a hula skirt and plastic necklace and bracelet from China.

Dear Ms. Rogalski:

In your letter dated March 26, 2003 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style IM858 is a hula skirt made of straw-like plastic strips and a textile ties. Approximately half of the plastic strips do not exceed 5mm and approximately half are equal to or exceed 5mm in width. Style IM860 is a crossbones and beads plastic necklace and bracelet. Style IM858 and IM860 will be packaged separately upon importation and therefore classified separately.

Heading 5404 of HTSUSA provides for “strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm.” Heading 6211 includes garments which are not knit, which are made of such strip, while Heading 3926 includes garments made of strip greater than 5mm in width.

Since the hula skirt is made from approximately half plastic strips not exceeding 5mm and approximately half greater than or equal to 5mm in width, no single component imparts the essential character, and the garment will be classified in accordance with GRI 3(c) which provides for classification of the Tariff Heading which occurs last in numerical order.

The applicable subheading for the hula skirt, style IM858 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits,other garments, women’s or girls’: Of man-made fibers, Other.” The duty rate will be 16.1% ad valorem.

The applicable subheading for the crossbones necklace and bracelet, IM860 will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Valued not over 20 cents per dozen pieces or parts: Other.” The duty rate will be 7.2% ad valorem.

The applicable subheading for the crossbones necklace and bracelet will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics. The duty rate will be Free.

Hula skirt, style IM858 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. There is no quota and visa requirements on the necklace and bracelet, style IM860.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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