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NY N003002




December 7, 2006

CLA-2-62:RR:NC:3:353
CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Lane Fragomeli
Paper Magic Group, Halloween Division
345 7th Avenue
6 Floor
New York, NY 10001

RE: The tariff classification of a costume from China.

Dear Mr. Fragomelli:

In your letter dated November 2, 2006, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, Item Number 6801377 (size medium) Ring Leader is an adult costume set. The costume consists of an upper body garment and pants. The well-made upper body garment is constructed of woven polyester fabric and has a well-made neck, finished closure edge and sewn on embellishments. The pants are flimsily made. The costume also features a plastic mask attached to a polyester hat and epaulets. You will be importing the identical costume in Item Numbers 6801376 (size small) and 6801378 (size large), the only difference is the size range.

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 upper body garment of all the styles imparts the essential character of the sets.

The applicable subheading for Item Numbers 6801377, 6801376 and 6801378 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 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/.

The garment falls within textile category designation 659. 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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