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NY L82564




March 9, 2005

CLA-2-62:RR:NC:N3:353 L82564

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.3000

Mr. Richard Wadiri
Naito Design Intl. Co. Ltd.
900 Livingston Ave.
North Brunswick, New Jersey 08902

RE: The tariff classification of a unisex child’s costume from China or Sri Lanka.

Dear Mr. Wadiri:

In your letter dated January 18, 2005 you requested a tariff classification ruling. The sample will be returned to you as requested.

The submitted sample, item 2304, Little Pretender Fireman Costume Set consists of a vest with plastic extinguisher and axle in a poly bag on a hanger. The vest is composed of woven 50% polyester/50% nylon fabric coated on the outer surface with compact PVC plastic material that completely obscures the underlying fabric. The vest has two pockets below the waist and a full front opening without a closure.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the vest imparts the essential character of the set.

The applicable subheading for the Little Pretender Fireman Costume Set, item 2304 will be 6210.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 and 5907: Other women’s or girls’ garments: Of man-made fibers: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric.” The duty rate will be 3.8% ad valorem.

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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