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NY K88576




September 7, 2004

CLA-2-61:RR:NC3:353 K88576

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

Ms. Elsa Wong
G T Plus Limited
4/F Kowloon Center
29-43 Ashley Road
Tsimshatsui, Hong Kong

RE: The tariff classification of a costume from China.

Dear Ms. Wong:

In your letter dated August 17, 2004 you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, with no style number provided, is a Child’s Turtle Costume. Examination reveals that the costume is a coverall/jumpsuit constructed of knit man-made fiber fabric. The costume represents a turtle and is styled with a textile shell, feet, claws and face. It features an attached hood, finished edges, and a full front zipper closure.

The applicable subheading for the Child’s Turtle Costume 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: Women’s or girls’: Other.” The duty rate will be 14.9% ad valorem.

The Child’s Turtle Costume 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.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items, including children’s costumes. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

Your inquiry does not provide enough information for us to give a classification ruling on the remaining 30 costumes. Your request for a classification ruling should include:

A sample of each costume
A style number for each costume
Construction of each costume (knit, woven, etc.) Fiber content of each costume (100% polyester, 65% polyester/35% cotton, etc.) You requested a binding ruling on a total of thirty-one costumes. You must limit your binding ruling request to no more than five (5) costumes per request.

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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