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NY M84070





June 20, 2006

CLA-2-61:RR:NC:3:353 M84070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020, 6104.53.2020

Ms. Theresa Shepherd
Small Miracles Inc.
6 E Pines Drive
Salem, MO 65560

RE: The tariff classification of costume tops and skirts from China.

Dear Ms. Shepherd:

In your letter dated May 31, 2006 you requested a classification ruling.

The Submitted samples are TM200 Style 4 Top, TM100 Style 4 Skirt, TM100 Style 6 Top and TM200 Style 6 Tutu.

The TM200 Style 4 Top is constructed of 100% knit polyester fabric. The well-made top pulls over the head, and is sleeveless with elasticized sequined straps that are approximately 1-inch in width.

The TM100 Style 4 Skirt is constructed of sequin-look 100% knit polyester fabric interspersed with a small amount of metallic thread. The well-made handkerchief-style skirt features an elasticized sequined waist.

The TM100 Style 6 Top is constructed of 100% knit polyester fabric. The well-made top pulls over the head, and is sleeveless with elasticized straps that are approximately ½-inch in width.

The TM200 Style 6 Tutu is constructed of 100% knit net polyester fabric. The well-made tutu features a 3-layer skirt and elasticized sequined waist.

The applicable subheading for the TM200 Style 4 and TM100 Style 6 Tops will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: tops, women’s or girls’. The duty rate will be 28.2 percent ad valorem. The textile category designation is 639.

The applicable subheading for the TM100 Style 4 Skirt and TM200 Style 6 Tutu will be 6104.53.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirtsknitted or crocheted: skirts and divided skirts: of synthetic fibers: other, girls’. The duty rate will be 16 percent ad valorem. The textile category designation is 642.

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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