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NY M83031




May 18, 2006

CLA-2-61:RR:NC:3:353 M83031

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020, 6211.43.0091

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

RE: The tariff classification of costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated April 20, 2006 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Styles 350468 Enchanted Witch and 300843 Evil Fairy costumes.

Style 350468 Enchanted Witch costume set consists of a dress, sash and hat. The dress is constructed of knit polyester fabric. The well-made long sleeve dress has styling, a finished neckline and embellishments.

Style 300843 Evil Fairy costume set consists of a “corset”, blouse, skirt, wings and headband. The well-made corset-like garment constructed of front pants of woven polyester fabric and rear panels of knit polyester fabric. The well-made sleeveless garment has styling and a finished grommet closure. The blouse and skirt are of flimsy construction.

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 of Style 350468 and corset-style garment of Style 300843 impart the essential character of the sets.

The applicable subheading for the Style 350468 Enchanted Witch costume set will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’, ensembles, suit-type jackets, blazers, dresses, skirtsknitted or crocheted, dresses, of synthetic fibers, other, girls’. The duty rate will be 16 percent ad valorem. The textile category designation is 642.

The applicable subheading for the Style 300843 Evil Fairy costume set will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, women’s or girls’: on man-made fibers, other. The duty rate will be 16 percent ad valorem. The textile category designation is 659.

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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