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NY N010703




May 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.3000

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

RE: The tariff classification of a costume garment from China.

Dear Mr. Fragomeli:

In your letter dated April 13, 2007, you requested a classification ruling. The sample will be returned.

The submitted sample is an Item Number 6531319-LJTA (S), which you refer to as a Biker Jacket, is a woman’s upper body garment constructed of woven polyester fabric coated with a cellular vinyl that completely obscures the underlying fabric. The well-made upper body garment features cropped construction, a full front zipper closure, oversized collar, long sleeves with zippers at the wrists, a zipper pocket, and a rib knit bottom with a sewn-in belt. The garment is not a jacket due to the cropped construction that does not reach the waist. The garment is made up of a fabric of 5903 as the woven fabric is used in lieu of a lining and wicks sweat away from the body. The upper body garment is also imported as Item Numbers 6531321-LJTA (M), 6531322-LJTA (L) Black; 6531344-LJTA (S), 6531345-LJTA (M), 6531346-LJTA (L) Pink; and 6531347-LJTA (S), 6531348-LJTA (M), 6531349-LJTA (L) Silver. The upper body garment is part of a mix and match assortment for a punk teen costume.

The applicable subheading for the Item Numbers 6531319-LJTA (S), 6531321-LJTA (M), 6531322-LJTA (L) Black; 6531344-LJTA (S), 6531345-LJTA (M), 6531346-LJTA (L) Pink; and 6531347-LJTA (S), 6531348-LJTA (M), 6531349-LJTA (L) Silver upper body garments will be 6210.50.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 and 5907: Other women’s or girls’ garments: Of man-made fibers: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric.” The duty rate will be 3.8% 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/.

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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