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NY L84369




May 9, 2005

CLA-2-62:RR:NC:3:353 L84369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.3000

Mr. Richard Wadiri
Naito Design International Co. Ltd.
900 Livingstone Avenue
North Brunswick, NJ 08902

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

Dear Mr. Wadiri:

In your letter dated April 18, 2005, on behalf of Chenille Kraft Company, you requested a tariff classification ruling. As requested, the sample will be returned to you.

Your submitted sample is a Little Pretender Artist Costume Set. The costume is a short sleeve artist’s jacket composed of woven 50% polyester and 50% nylon fabric coated on the outer surface with compact PVC plastic that completely obscures the underlying fabric. The well-made jacket features a full frontal opening with a left over right closure with hook and loop fasteners, two patch pockets and finished edges and is packaged in a PVC bag with a hanger and insert. The costume also has a man-made fabric artist beret, paintbrush, palette and paint box.

According to Chapter 62, Note 8. Garments of this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

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 jacket imparts the essential character of the set.

The applicable subheading for the Little Pretender Artist Costume Set will be 6210.40.3000, 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 men’s or boys’ 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 rate of duty will be 3.8 percent 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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