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NY K84800




April 28, 2004

CLA-2-61:RR:NC:3:353 K84800

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Kari Finch
Target Customs Brokers, Inc.
1000 Nicollet Mall, TPN-0430
Minneapolis, MN 55403

RE: The tariff classification of bumblebee costume from China.

Dear Ms. Finch:

In your letter dated April 8, 2004, you requested a tariff classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 23046 is a child’s bumblebee costume. The costume slips over the wearer’s head and is fastened on the body by two ties on either side. The garment is made of horizontal black stripes of PVC and yellow stripes of 100% knit polyester. The item is capped with 70%polyester and 30% cotton binding around the neckline and the edges of the garment. Sewn onto the back of the garment is a pair of textile wings. The essential character of this garment is imparted by the fabric portion.

The applicable subheading for style 23046 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 14.9 percent ad valorem.

Style 23046 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.

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.

Your inquiry does not provide enough information for us to give a classification ruling on the picture you sent us on another fabrication of the costume. Your request for a classification ruling should include the actual sample with a separate style number and all previously supplied information. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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