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NY L82032




February 16, 2005

CLA-2-61:RR:NC:3:353 L82032

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5030; 9505.90.6000; 6111.30.5070

Ms. Leah C. Navidad
Disguise Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of five costumes from China.

Dear Ms. Navidad:

In your letter dated January 13, 2005, requested a classification ruling. As requested the samples will be returned to you.

You have submitted five samples. Style 1702 Cuddly Cub is an infant’s costume. The well-made costume consists of a knit polyester fabric jumpsuit. The jumpsuit has styling features and a finished neckline. Also included is tail that fastens on the rear by a hook and loop closure and lion hat.

Style 1705 Lil’ Punkin Pie is an infant’s flimsily made jumpsuit costume.

Style 1707 Baby Bat is an infant’s costume. The well-made costume consists of a knit polyester fabric jumpsuit. The jumpsuit has styling features, a finished neckline and raglan sleeves. Also included are bat wings that fastens on the back by a hook and loop closure and bat hat.

Style 1709 D’Little Devil is an infant’s costume. The well-made costume consists of a knit polyester fabric jumpsuit. The jumpsuit has styling features, a finished neckline and gusset. Also included are devil wings that fastens on the back by a hook and loop closure and devil hat.

Style 1712 Gothic Princess is an infant’s costume. The well-made costume consists of a knit synthetic fiber fabric dress. The dress has styling features, well-made waist and sewn on embellishments.

The applicable subheading for styles1702, 1707 and 1709 will be 6111.30.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: imported as parts of sets. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 1705 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The duty rate will be Free.

The applicable subheading for style1712 will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: other. The duty rate will be 16 percent ad valorem

Styles 1702, 1707, 1709 and 1712 fall within textile category designation 239. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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