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NY L85506




July 5, 2005

CLA-2-62:RR:NC:3:353 L85506

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2070, 6104.63.2011, 6117.80.9540

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126-6334

RE: The tariff classification of a costume set from China, Hong Kong or Vietnam.

Dear Ms. Perry:

In your letter dated June 6, 2005 you requested a classification ruling. The samples will be returned to you.

The submitted sample is a Style No. 400161 Ricky Ricardo costume set that will be imported packaged for retail sale. The adult Style No. 400161 Ricky Ricardo costume set consists of a shirt, pants, cummerbund and bowtie. The shirt is constructed of woven 100% polyester fabric. The pants are constructed of knit 100% polyester fabric. Although you state that the cummerbund and bowtie are constructed of woven fabric, examination reveals that they are constructed of warp knit 100% polyester fabric.

The long sleeve shirt features arms ruffles and other styling, finished neck and edges, and a left over right full front button closure. The pants have no fly or pockets, and feature an elasticized tunnel waist and turned cuffs. The cummerbund features a hook and loop closure. The bowtie is held in place by elastic.

The Style No. 400161 Ricky Ricardo costume consists of two or more garments. Note 13 of Section XI, of the HTSUSA, requires that textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The Style No. 400161 Ricky Ricardo bowtie is not worn with a dress shirt and is not classifiable in heading 6115.

The applicable subheading for the Style No. 400161 Ricky Ricardo shirt will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s shirts of man-made fibers. The duty rate will be 29.1 cents per kilogram plus 25.9 percent ad valorem. The textile category designation is 640.

The applicable subheading for the Style No. 400161 Ricky Ricardo pants will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s trousers and breeches of knitted or crocheted synthetic fibers. The duty rate will be 28.2 percent ad valorem. The textile category designation is 648.

The applicable subheading for the Style No. 400161 Ricky Ricardo cummerbund and bowtie will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other knit or crocheted clothing accessories of man-made fibers. The duty rate will be 14.6 percent 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.

Binding Rulings are limited to five (5) items of the same class or kind. You request rulings on ten (10) items with three distinct sets of circumstances; these should be separate requests. In addition, your inquiry does not provide enough information for us to give a classification ruling as follows:

Style 300691 Jones Daddy costume is constructed of textile fabric and requires fiber content. The EZ Guy Style Nos. are a separate class or kind of garment. Please supply grams per square meter, gender of the intended wearer, size of the garment and wearer size specifications. You request a binding ruling due to changes in Style 300464 Pirate Shirt in Preclassification PC K85789. This should be done as a separate request.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-7333053.

Sincerely,

Robert B. Swierupski
Director,

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