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NY M84454




July 17, 2006

CLA-2-62:RR:NC:N3:353 M84454

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.30.0020, 6204.43.4040, 6212.90.0030, 6115.93.6020, 9615.19.6000, 6116.93.9400

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

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

Dear Ms. Perry:

In your letter dated June 13, 2006, you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, style 400204, Saloon Girl Costume consists of a corset skirt, garter, thigh high stockings, hair clip with feather, gloves and braided choker.

The women’s nine-panel corset features padded underwire woven polyester fabric cups, removable garters and adjustable shoulder straps. The garment extends to just below the waist, has ten vertical stays varying in length from 7-1/2 inches to 10-1/2 inches and a rear vertical adjuster consisting of a ribbon laced through 18 grommets. The front center panel is reinforced on the outer surface with narrow fabric strips that are sewn in a crisscross pattern stimulating a lace tie. The eight remaining panels are two-ply constructed of a woven polyester fabric.

The short skirt is made of woven 95% polyester/5% spandex fabric. The garment has an elasticized waistband with feathers at the bottom. The garter is made of woven polyester fabric. The elastic tunneled garter is approximately 2” wide and the knit polyester fishnet thigh stockings are trimmed with lace and sequins. The elbow length gloves are made of knit polyester fabric and have forchettes.

The costume is well made with finished seams, styling and embellishments.

The applicable subheading for the corset will be 6212.30.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: corsets of man-made fibers. The duty rate will be 23.5% ad valorem. The textile category designation is 649.

The applicable subheading for the skirt will be 6204.43.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, . . . Dresses: Of synthetic fibers: Other: Other, Other: Girls’. The duty rate will be 16% percent ad valorem.  The textile category is 636.

 The applicable subheading for the garter will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other, Of man-made fibers or man-made fibers and rubber or plastics.” The rate of duty will be 6.6% ad valorem. The textile category is 631.

The applicable subheading for the fishnet thigh high stockings will be 6115.93.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Panty hose, tights, stockings, socks and other hosieryOther: Of synthetic fibers: Other: Containing lace or net, Other.” The duty rate will be 18.8 percent ad valorem. The textile category is 632.

 The applicable subheading for the metal hairclip with feather will be 9615.19.6000, HTSUS, which provides for "Combs, hair-slides and the like: Other: Other." The rate of duty will be 11% ad valorem.

 The applicable subheading for the gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: With fourchettes.” The duty rate will be 18.6% ad valorem. The textile category is 631.

Your inquiry does not provide enough information for us to give a classification ruling on the beaded choker. Your request for a classification ruling should include a sample and the fabric content. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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