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NY M82948




May 12, 2006

CLA-2-61:RR:NC:N3:353 M82948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040

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

RE: The tariff classification of an infants costume from China.

Dear Ms. Johnson:

In your letter dated April 17, 2006, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 1760W Diner Darling Costume Set consists of a dress and shoe covers. The dress is made of 100% polyester fabric with a hook and loop closure at the back. The top of the dress is made of knit fabric and the multi -layered skirt is made of woven fabric. The attached jacket with zipper closure is made of knit velour fabric. The top portion of the dress imparts the essential character.

The costume is well made with a finished neckline and embellishments.

The applicable subheading for the Diner Darling Infant Costume Set will be 6111.30.5040, 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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