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NY M81075





April 3, 2006

CLA-2-61:RR:NC:N3:353 M81075

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5070

Ms. Liza V. Schaeffer
Grundfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
399 Park Ave., 25th Floor
New York, NY 10022-4877

RE: The tariff classification of an infant’s costume from China.

Dear Ms. Schaeffer:

In your letter dated March 9, 2006, on behalf of Dandee International Ltd., you requested a classification ruling. The samples will be returned to you as requested.

Three samples of style B561860RA were submitted with your request. Style B561860RA is an infant’s costume of three animals, a lion, poodle and elephant, made of 100% knit pile polyester fabric. Style B561860RA is a sleeveless garment extending from the neck to med-thigh. The garment features an attached hood, and an elasticized opening at the bottom and armholes. The costume also features a tail and ears depending on the model and will be sized in 6 to 18 months.

The applicable subheading for style B561860RA will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Babies’ garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other." The rate of duty will be 16% ad valorem. The textile category designation is 239.

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/.

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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