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NY K87189




July 7, 2004
CLA-2-61:RR:NC:3:353 K87189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070, 6104.63.2011

Mr. Jeff Coppens
Pony Express Creations
9350 Trade Pl., Ste. C
San Diego, CA 9212-66334

RE: The tariff classification of a costume from China, Hong Kong and Vietnam.

Dear Mr. Coppens:

In your letter dated June 16, 2004 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 30159 Puff Mamma Costume is an adult costume consisting of a long robe-like garment and pants. The well-made robe-like garment is lined and it is made of knit fleece 55% rayon/30% polyester/15% cotton fabric. The pants are made of velour knit 100% polyester fabric and have an over-lock stitched elastic waistband. The robe-like garment has long sleeves, a self-fabric tie belt and a quilted shawl collar, cuffs and pocket.

The Puff Mamma Costume consist(s) of two or more garments. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for the robe-like garment 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 general duty rate will be 14.9% ad valorem. The textile category designation is 659.

The applicable subheading for the pants will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for "Women’s or girls’trousersknitted or crocheted: Of synthetic fibers: Other: Other, Trousers and breeches: Women’s: Other." The general duty rate will be 28.2% ad valorem. The textile category designation is 648.

Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa. Products of Vietnam are not subject to quota and the requirement of 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.

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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