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NY L84485




May 24, 2005

CLA-2-61:RR:NC:3:353 L84485

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.906000, 6104.53.2020, 6217.10.9530

Ms Susanne Shanteau
Dollar General Corporation, Inc.
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of an angel wing, tutu, and wristband and necklace set from China.

Dear Ms Shanteau:

In your letter dated April 28, 2005 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are named Style #s AW-03/TU-02 Fancy Angel Wings and Tutu Set and WB-04 Play Wristband and Necklace.

The Style # AW-03/TU-02 Fancy Angel Wings and Tutu Set features the angel wings and a tutu on separate cardboard headers. The angel wings are constructed of polyester fabric and a plastic frame; the tutu is constructed of knit polyester mesh fabric and features a tunnel waist with substantial elastic and a finished hem. The tutu is considered a well-made costume. The angel wings and tutu are not a set because they are separately packaged.

The Style # WB-04 Play Wristband and Necklace features both items on one cardboard header. The wristband is constructed of woven polyester net fabric and an elasticized braided polyester band; the faux pearl necklace is constructed of polystyrene resin. The packaging refers to the item as a “Glamour Wristband Playset.” The item is age appropriate and the textile wristband imparts the essential character to the set.

The applicable subheading for the Style # AW-03 Angel Wings will be 9505.906000, 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 the Style # TU-02 Tutu will be 6104.53.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’dresses, skirts, divided skirts, trousersknitted or crocheted: skirts and divided skirts: of synthetic fibers: other, girls’. The duty rate will be 16% ad valorem. The textile category designation is 642.

The applicable subheading for the WB-04 Play Wristband and Necklace set will be 6217.10.9530, 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 in heading 6212: accessories: other: other, of man-made fiber. The duty rate will be 14.6% ad valorem. The textile category designation is 659.

The Style # TU-02 Tutu falls within textile category designation 642; the WB-04 Play Wristband 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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