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NY M84185





June 30, 2006

CLA-2-61:RR:NC:N3:353 M84185

CATEGORY: CLASSIFICATION

TARIFF NO: 6114.30.3054

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

RE: The tariff classification of unisex children’s costumes from China.

Dear Ms. Johnson:

In your letter dated June 2, 2006, you requested a classification ruling. The samples will be returned to you as requested.

Two samples were submitted with your request.

Style 1881, Blade Ninja Muscle Costume Set consists of a jumpsuit, hood, belt and shoulder pieces. The jumpsuit is made of knit 100% polyester fabric. The long sleeve jumpsuit has padding at the chest and sleeves and a zippered back closure.

Style 1882, Speed Ninja Muscle Costume Set consists of a jumpsuit, hood, belt and elbow pads. The jumpsuit is made of knit 100% polyester fabric. The long sleeve jumpsuit has padding at the chest and sleeves and a zippered back closure.

The costumes are well made with finished necklines, styling and embellishments.

General Rule of Interpretation (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 jumpsuit for both costumes imparts the essential character of the set.

 The applicable subheading for style 1881, Blade Ninja Costume Set, and style 1882, Speed Ninja Set will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, Coveralls, jumpsuits and similar apparel: Women’s or girls’: Other." The duty rate will be 14.9% 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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