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NY N011519




June 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010

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 May 16, 2007, you requested a classification ruling. The sample will be returned.

The submitted sample, Item Number 6841009-LJT Long Fringed Skirt, is a woman’s skirt that you state is constructed of woven 100% polyester fabric; however, examination reveals the fabric to be of knit pile construction. The well-made skirt is ankle-length and features a finished waist and seams, a 6-inch long lace-up front with oversize metal grommets, a large patch pocket with a skull design, metal embellishments and a fringed bottom. The skirt is part of a mix and match costume.

The applicable subheading for the Item Number 6841009-LJT Long Fringed Skirt will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’s or girls’dresses, skirts, divided skirtsknitted or crocheted: Skirts and divided skirts: Of synthetic fibers: Other, Women’s.” 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/.

Item Number 6841009-LJT falls within textile category 642. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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. Information can also be found at the FTC website www.ftc.gov (click on "Consumer Protection,” “Business Information,” “Clothing & Textiles,” “Threading Your Way Through the Labeling Requirements”).

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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