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NY M85603




September 20, 2006

CLA-2-61:RR:NC:3:353 M85603

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9086

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 August 23, 2006, you requested a classification ruling. As requested, the sample will be returned to you.

You have submitted two samples. Style 400173 Devilish Hottie is an adult’s costume set. The well-made costume is a one-piece outfit with pants and a midriff baring attached halter top constructed of a plastic coated knit polyester fiber fabric. The well-made outfit has styling features, well-made neck, waist, seams, arms, ankles and closure edges. The costume also consists of a detachable tail and horns.

Style 400207 Bossy Kitty is an adult’s costume set. The well-made costume is a one-piece outfit with pants and a midriff baring attached halter top constructed of a plastic coated knit polyester fiber fabric. The well-made outfit has styling features, well-made waist, arms and ankles edges and embellishment. The costume also consists of a self-fabric belt and mesh glovelettes.

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 the case of both styles the garment imparts the essential character of the set.

The applicable subheading for styles 400173 and 400207 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other, other: other: women’s or girls’. The duty rate will be 7.1 percent ad valorem.

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/.

Styles 400173 and 400207 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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