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NY M86307




October 2, 2006

CLA-2-61:RR:NC:3:353 M86307

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020; 6208.99.3020; 6204.69.4010; 6217.10.1090; 6214.10.1000

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

RE: The tariff classification of an adult costume from China, Hong Kong or 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.

The submitted sample, style 400197 Dazzling Dancer is an adult costume that consists of a bra, thong, pants, belt, sleevelets and a veil.

The bra is constructed of woven 50% polyester and 50% silk fabric. The bra is padded and features underwire cups, elasticized adjustable shoulder straps, and an adjustable back closure of two fabric pieces that can be tied by the wearer.

Due to the fact that the bra is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The bra will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The bra may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The woven thong styled panty is constructed of woven silk material with an elasticized waist.

The harem-style pants are constructed of woven silk fabric. The pants have multiple layers at the well-made elasticized waist and elasticized ankle closures.

The belt is constructed of woven silk fabric and has a double ribbon tie. The belt measures approximately 1 ¾ inches wide and 33 inches long.

The sleevelets are constructed of woven silk fabric and extend from the top of the shoulder to the wrist and feature elasticized endings on both sides.

The veil is constructed of woven silk fabric and is held in place over the face with an adjustable elasticized band.

The Dazzling Dancer is very well made with styling features, well-made waists, seams and embellishments.

Style 400197 consists of two or more garments. Note 13 of Section XI, of the HTSUS, requires that textile garments of different headings be separately classified, thus preventing classification of costumes consisting of two or more garments as sets. If a set cannot exist by application of Note 13, the articles that may be packaged with the garments must also be classified separately.

The applicable subheading for the bra will be 6212.10.9020, 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: brassieres: containing lace, net or embroidery: other, of man-made fibers. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for panty will be 6208.99.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.1 percent ad valorem.

The applicable subheading for the pants will be 6204.69.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, , trousers, bib and brace overalls, breeches and shorts: trousers, bib and brace overalls, breeches and shorts: of other textile materials: of silk or silk waste, trousers, breeches and shorts. The duty rate will be 1.1 percent ad valorem.

The applicable subheading for the belt and sleevelets will be 6217.10.1090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, other than those of heading 6212: accessories: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 2.3 percent ad valorem.

The applicable subheading for the veil will be 6214.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 1.2% 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/.

The bra falls within textile category designation 649. The panty falls within textile category designation 752. The pants fall within textile category designation 748. The belt and sleevelets fall within textile category designation 759. 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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