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NY M80948




March 30, 2006

CLA-2-61:RR:NC:3:353 M80948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Cherry Lin
Tom’s Toy International, Ltd.
Concordia Plaza, Room 603-606. 6/F
1 Science Museum Road, TST East
Kowloon, HK

RE: The tariff classification of costume from China.

Dear Ms. Lin

In your letter received in this office on March 3, 2006, you requested a classification ruling.

Your submitted sample, Item SW1116 is a child’s size Pumpkin Costume. The well-made costume consists of a one-piece hooded sleeveless upper body garment constructed of a knit plush man-made fiber fabric. The garment gathers loosely at the bottom to give the rounded appearance of a pumpkin. The garment has styling features, a well-made neck, seams, elasticized armholes and bottom, finished arm and bottom edges and sewn on embellishment.

The applicable subheading for Item SW1116 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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/.

Item SW1116 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.

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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