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NY N014519




August 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035

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

RE: The tariff classification of a costume from China.

Dear Mr. Fragomeli:

In your letter dated July 16, 2007, you requested a classification ruling. The sample will be returned to you.

The submitted sample, Metallic Ninja Blue Costume Set – Child Boy, Sizes 4-6 S, 7-8 M, 10-12 L, 12-14 XL will also be imported as:

Items 6838273, 6838274, 6838275, 6838276 – Red Items 6838277, 6838278, 6838279, 6838280 -Gold Items 6838281, 6838282, 6838283, 6838284 – Blue

The Metallic Ninja Blue Costume Set consists of a vest, flimsy jumpsuit, hood and face cover. The vest is made of knit 100% polyester fabric coated with vinyl plastic material that does not obscure the underlying fabric that covers ¾ of the front, and knit polyester fabric at the entire back and ¼ of the front. The vest gives the appearance of being padded. The garment has a stand-up collar and a full front zipper closure. You state that the costume is a Boy’s Costume; however examination reveals that the costume is unisex.

The costume is well made with a finished neck, styling and embellishments.

General Rule of Interpretation (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 vest imparts the essential character of the set.

The applicable subheading for the Metallic Ninja Costume Set Items 6838273, 6838274, 6838275, 6838276 – Red, Items 6838277, 6838278, 6838279, 6838280 – Gold and Items 6838281, 6838282, 6838283, 6838284 – Blue will be 6110.30.3035, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: vests, other than sweater vests: women’s or girls’. The rate of duty is 32% 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. 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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