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NY L82698




March 15, 2005

CLA-2-61:RR:NC:N3:353 L82698

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Irene Tsiavos
Fun World
80 Voice Rd.
Carle Place, NY 11514

RE: The tariff classification of a unisex costume from China.

Dear Ms. Tsiavos:

In your letter dated February 17, 2005 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 5092, Kissing Booth Costume Set consists of a large tube like garment with a halter strap and a wire battery operated control box attached to the garment. Accompanying the garment is a wristlet and headband. The well-made garment is composed of knit polyester fabric and has finished edges and styling.

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 garment imparts the essential character of the set.

The applicable subheading for the Kissing Booth Costume Set, style 5092 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% ad valorem. The textile category designation is 659.

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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