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NY M80460





March 10, 2006

CLA-2-61:RR:NC:3:353 M80460

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The tariff classification of a pumpkin costume from China.

Dear Ms. Weinberg:

In your letter dated February 9, 2006, on behalf of Celebration Halloween Inc., you requested a classification ruling.

The submitted sample, Style 4BSC-0128LY Pumpkin, is a unisex children’s costume constructed of plush knit polyester fabric. The garment is designed to look like a pumpkin and is a one-piece sleeveless garment with an attached hood that covers the torso and extends to the upper legs of small children. It is designed to fit children of a body height exceeding 86 centimeters.

The applicable subheading for the Style 4BSC-0128LY Pumpkin costume will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The duty rate will be 14,9 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 4BSC-0128LY falls 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 646-733-5053.

Sincerely,

Robert B. Swierupski
Director,

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