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NY L85598




July 12, 2005

CLA-2-62:RR:NC:TA:353 L85598

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6206.40.3030, 6217.10.9530

Mr. Thomas A. Penksa
PBB Global Logistics
P.O. Box 40
Fort Erie, Ontario, Canada
L2A5M7

RE: The tariff classification of a girl’s costume from China.

Dear Mr. Penksa:

In your letter dated June 10, 2005, on behalf of New Kingdoms LLC, you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, Magiquest Costume consists of a cape, tunic, belt, chemise shirt and gauntlet, which are not packaged for retail sale. The fully finished cape, tunic, chemise shirt, belt and gauntlet are composed of woven 100% polyester fabric. The faux suede cape has a small capelet with grommets on the back and two straps with buttons on each side to facilitate attaching the cape to the tunic. The tunic has short sleeves, and is open on the sides with a lace fastener. The front of the garment has an embellishment with grommets and there are grommets on the bottom of the tunic. The shirt has an opening at the back with a hook and loop closure and long sleeves. The belt has grommets, a hook and loop closure and pouch attached with a hook and loop fastener. The gauntlet is designed with two hook and loop closures.

The applicable subheading for the cape and tunic will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear, other garments: other garments, women or girls’: Of man-made fibers: Other.” The duty rate will be 16% ad valorem. The textile category designation is 659.

The applicable subheading for the chemise shirt will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of man-made fibers: Other: Other, Other: Women’s.” The duty rate will be 26.9% ad valorem. The textile category designation is 641.

The applicable subheading for the belt and gauntlet will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories; parts of garmentsAccessories: Other: Other, Of man-made fibers." The duty rate will be14.6% 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.

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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