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NY N020635




January 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070, 6110.30.3059, 6204.53.3020, 6108.11.0010 9615.19.6000, 6116.93.9400

Mr. Lane Fragomeli
Paper Magic Group, Halloween Div.
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 December 5, 2007, you requested a classification ruling. The samples which you submitted are being returned as requested.

The Hello Kitty Harajuka Kitty Costume will be imported as follows:

Item 6838606 Size M Teen and Item 6838607 Size L Teen

The Hello Kitty Harajuka Costume consists of an abbreviated upper body garment, top, skirt, petticoat, headband with ears and fingerless glove.

The abbreviated upper body garment, which you call a jacket, is made of knit 100% polyester fabric. The garment has long sleeves, does not completely cover the bust and does not extend to the waist. There is a hook and loop closure with a bow at the front. The garment is trimmed with lace at the bottom, neckline and sleeves.

The sleeveless top is made of knit 100% polyester fabric, trimmed with lace on the front and bottom, and has a hook and loop closure at the back.

The circular skirt is made of woven 100% polyester fabric and has an elastic waist and a hello kitty appliqué on the front.

The petticoat is made of knit 100% polyester fabric with an elasticized waist and net and lace at the bottom.

The rigid headband is covered with woven 100% polyester fabric and has ears.

The fingerless glove with fourchettes is made of knit lace 100% polyester fabric with elastic at the wrist.

The Hello Kitty Harajuka Costume garments are well made with features such as styling, sturdy neck and waist, seams and edges.

The Hello Kitty Harajuka Costume consists of two or more garments. Note 14 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 14, the articles that may be packaged with the garments must also be classified separately.

      The applicable subheading for the abbreviated upper body garment 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, Other: Women’s or girls’." The rate of duty will be 14.9% ad valorem. The textile category designation is 659.

  The applicable subheading for top will be 6110.30.3059, 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: Women’s or girls’." The rate of duty will be 32% ad valorem. The textile category designation is 639.

   The applicable subheading for skirt will be 6204.53.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suitsskirts(other than swimwear): Skirts and divided skirts: Of synthetic fibers: Other: Other, Girls’." The duty rate will be 16% ad valorem. The textile category is 642.

     The applicable subheading for the petticoat will be 6108.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Slips and petticoats: Of man-made fibers, Women’s." The duty rate will be 14.9 % ad valorem. The textile category designation is 652.

   The applicable subheading for the headband will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Combs, hair-slides and the like; hair pins, curling pins, curling grips, Hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides and the like: Other: Other". The rate of duty will be 11% ad valorem.

The applicable subheading for fingerless gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 18.6% ad valorem.   The textile category designation is 631.

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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