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NY L84096




May 3, 2005

CLA-2-62:RR:NC:3:353 L84096

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6217.10.8500

Mr. Charles G. Hartill
Capital Transportation Customs Clearance Services, Inc. 167-18 146th Avenue
Jamaica, NY 11434

RE: The tariff classification of girls’ ballet skirt and ponytail holder from China.

Dear Mr. Hartill:

In your letter dated April 12, 2005, on behalf of Ballet Makers, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. The first sample is a girl’s ballet skirt. The garment is made from woven 100% sheer polyester organza ribbons that have been loop and tied over an elastic waistband. The skirt is worn over a leotard. The item features small acrylic rhinestones at the bottom of some of the ribbons.

According to the Explanatory Notes, 61.14 covers knitted garments which are not included more specifically in the preceding headings of the chapter. EN 6114 Note 5 includes, inter alia: special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockey’s silks, ballet skirts, leotards). The Explanatory Note to heading 61.14 applies mutatis mutandis to heading 62.11.

The second sample is a girl’s ponytail holder. The item is made from woven 100% sheer polyester organza ribbons that have been loop and tied over an elastic band. The item features small acrylic rhinestones at the bottom of the ribbons.

The applicable subheading for the ballet skirt will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other track suits. Ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the ponytail holder will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: headbands, ponytail holders and similar articles The duty rate will be 14.6 percent ad valorem.

The skirt falls within textile category designation 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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