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NY N007365




March 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070, 6211.43.0091, 6104.63.2011, 6204.53.3010, 6505.90.6090

Ms. Annalee C. Mc Kay
Mario Chiodo Studios
1919 Peralta St.
Oakland, CA 94607

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

Dear Ms. Mc Kay:

In your letter dated February 6, 2007, received in this office on February 23, 2007, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 5147103-105, International Spice: Matadora Costume consists of a bolero jacket (shrug), top, pants, overskirt and headpiece. The shrug, pants and headpiece are made of knit polyester fabric and the top and over skirt are made of woven polyester fabric. The top is made of woven fabric at the front with an overlay of lace and knit velour fabric at the back. The front portion imparts the essential character of the top.

The costume is well made with styling and embellishments.

The International Spice: Matadora Costume, Style 5147103-105 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 bolero jacket (shrug) features long sleeves, trim around the shrug and epaulets at the shoulders. The strapless top is trimmed and has elastic at the top and bottom. The velour fabric, long pants have and elasticized waist and lace insets on each side. The overskirt has an overlay of lace and has a full front opening with a self-fabric tie at the front. The headpiece has a fabric rose at the side and covers the head.

      The applicable subheading for the bolero jacket (shrug) will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other." The duty rate will be 14.9% ad valorem. The textile category designation is 659.

  The applicable subheading for the top 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% ad valorem. The textile category designation is 659.

            The applicable subheading for the pants will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts. Divided skirts, trousers, bib and brace overalls, breeches and shorts: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other, Trousers and breeches: Women’s: Other." The duty rate will be 28.2% ad valorem. The textile category designation is 648.

      The applicable subheading for the skirt will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Skirts and divided skirts: Of synthetic fibers: Other: Other: Women’s.” The duty rate will be 16% ad valorem. The textile category designation is 642.

 The applicable subheading for the headpiece will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...Other: Of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, Other: Other: Other." The duty rate will be 20 cents per kilogram plus 7% 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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