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NY L85399




June 27, 2005

CLA-2-61:RR:NC:3:353 L85399

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054

Ms. Leah Navidad
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a ninja costume from Hong Kong or China.

Dear Ms. Navidad:

In your letter dated May 27, 2005 you requested a tariff classification ruling. As requested the samples will be returned to you.

The submitted samples are Style #s 1869 Shadow Phoenix Ninja Deluxe Muscle and 1870 Shadow Panther Ninja Deluxe Muscle Costumes. The children’s costumes are jumpsuits with attached hoods constructed of knit 100% polyester fabric. The well-made jumpsuits feature arm and chest “muscles” created from polyester fiber fill, an attached tabard, finished neck, well-made waist, rear zipper closure, finished wrists and ankles, and sewn on embellishments.

The applicable subheading for the Style #s 1869 Shadow Phoenix Ninja Deluxe Muscle and 1870 Shadow Panther Ninja Deluxe Muscle Costumes will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Coveralls, jumpsuits and similar apparel: Women’s or girls’: Other.” The rate of duty will be 14.9 percent ad valorem.

Style #s 1869 Shadow Phoenix Ninja Deluxe Muscle and 1870 Shadow Panther Ninja Deluxe Muscle Costumes fall 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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