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NY K84636





April 13, 2004
CLA-2-61:RR:NC:3:353 K84636

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040, 6111.20.6020

Mr. Ken August
Fun World
80 Voice Rd.
Carle Place, NY 11514

RE: The tariff classification of infant costume sets from China.

Dear Mr. August:

In your letter dated March 24, 2004 you requested a classification ruling. Three samples of infant unisex costumes were submitted with your request.

Item 9671 Infant Pumpkin costume set consists of a jumpsuit and a pumpkin cap. The jumpsuit is made of knit 60% cotton/40% polyester fabric. The costume has an opening at the back and snaps sown the inner portion of the legs.

Item 9672 Infant Ghost Costume set consists of a jumpsuit with a soft cone shaped hat. The jumpsuit is made of knit 60% cotton/40% polyester fabric and has snaps down the inner portion of the legs.

Item 9675 Infant Spider Costume Set consists of a hooded sweat shirt-like top and pants with an applique of a spider at the front. The shirt-like top and pants are made of knit 60% cotton/40% polyester fabric. The elasticized waistband pants have a knit band tightening at the ankles.

All three items are well made with finished hems and seams. You also that Items 9671H Infant Pumpkin Costume, 9672H Infant Ghost Costume and 9675H Infant Spider Costume are identical to those stated above with the exception of being imported on a hanger.

As per Chapter 61, Additional U.S. Note 1. For the purpose of heading 6111, the term “sets” means two or more different garments of headings 6111, 6209 or 6505 imported together, of corresponding sizes and intended to be worn together by the same person.

The applicable subheading for Items 9671, 9671H, 9672 and 9672H will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Babies' garmentsclothing accessories, knitted or crocheted: Of cotton: Other, Other: Other.” The duty rate will be 8.1 percent ad valorem.

The applicable subheading for Item 9675 and 9675H will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, knitted, of cotton, other, other, sets. The duty rate will be 8.1 per cent ad valorem.

There are no quota restraints or visa requirements on this merchandise at this time.

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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