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NY N004790




January 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3044

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

RE: The tariff classification of adult men’s costumes from China.

Dear Mr. Fragomeli:

In your letter dated December 20, 2006, on behalf of Wal Mart, you requested a classification ruling. The samples will be returned to you as requested.

Two samples were submitted with your request.

Item 6801356, Gorilla Costume consists of a jumpsuit, hands and feet. The jumpsuit is made of knit pile polyester fabric. The jumpsuit has a latex gorilla face attached, long sleeves and hook and loop tab closures at the back.

Item 6801357, Nordic Warrior Costume consists of a jumpsuit, hood, hands, and boot covers. The jumpsuit is made of knit pile 100% polyester fabric with neoprene sleeves and legs. The garment has a latex face, hands and boot covers.

The individual pieces for each costume are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by application of GRI 3(b) according to the component that imparts the essential character. For this item, the garment imparts the essential character.

Both costumes are well made with finished necklines, seams and styling.

The applicable subheading for Item 6801356, Gorilla costume and Item 6801357, Nordic Warrior Costume will be 6114.30.3044, 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: Men's or boys’: Other.” The rate of duty 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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