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NY L89243




December 27, 2005

CLA-2-61:RR:NC:3:353 L89243

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020

Ms. Anna Maria Rogalski
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of costume from China.

Dear Ms. Rogalski

In your letter dated November 29, 2005, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style 2188 Spider Charmer is a children’s costume. The well-made costume consists of a man-made fiber fabric dress. The top of the dress and bottom of the sleeve and back tie is constructed of knit 100% polyester fiber fabric. The upper sleeve and peplum is constructed of knit 70% nylon and 30% polyester fabric. The skirt bottom is constructed from a knit 100% polyester net material sewn onto the lining. The overskirt is constructed of woven 70% nylon and 30% polyester fabric. The dress has styling features, well-made neck and waist and sewn on embellishments. The essential character of the dress is imparted by the knit fabric.

The applicable subheading for style 2188 Spider Charmer Costume will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, . . . knitted or crocheted: dresses: of synthetic fibers: other, girls’. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 2188 falls within textile category designation 636. 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.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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