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NY L89730




January 13, 2006

CLA-2-61:RR:NC:3:454 L89730

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Mr./Ms. Lane Fragomeli
Paper Magic Group, Halloween Division
345 Seventh Avenue, 6th Floor
New York, NY 10001

RE: The tariff classification of a costume from China.

Dear Mr./Ms. Fragomeli:

In your letter dated December 15, 2005, received in this office on January 6, 2006, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is an Item Number 6808540-41-42 Medusa Costume set is an adult costume consisting of a dress, leg ties, glovettes (arm covers) and headpiece. The dress is constructed of knit 100% polyester fabric and some vinyl coated knit polyester fabric. It features numerous styling features including net overlays, and has a finished neck and edges and a rear zipper closure. The leg ties are constructed of knit polyester fabric and the glovettes (arm covers) are constructed of knit polyester and vinyl coated knit polyester fabrics.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the dress imparts the essential character of the set.

The applicable subheading for the Item Number 6808540-41-42 Medusa Costume set will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses . . . knitted or crocheted: dresses: of synthetic fibers: other, women’s. 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/.

The 6808540-41-42 Medusa Costume 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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