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NY N021634




February 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Helen Cooper
Original Concepts Inc.
701 E. 3rd St., Suite 130
Los Angeles, CA 90013

RE: The tariff classification of a fancy dress costume from China.

Dear Ms. Cooper:

In your letter dated January 3, 2008, on behalf of Smiffy’s, you requested a classification ruling. The sample which you submitted is being returned as requested.

The submitted sample is a Style 30300 White costume. You refer to Style 30300 as a mini dress, examination reveals that it is a woman’s upper body garment. The fancy dress costume garment is constructed of a top component of knit velvet polyester fabric and a bottom component of woven satin polyester fabric

The well made sleeveless upper body garment extends to just below the hips and the back upper edge is cut straight across from side seam to side seam. It features adjustable straps, lace-like fabric around the upper and lower edges, a gathering at the chest, lace-up back and sturdy seams. The upper body garment will also be imported in Styles 30301 Black, 30302 Hot Pink, 30304 Blue and 30305 Red.

The woven fabric, which accounts for over 60% of the visible surface area of the garment, imparts its essential character.

The applicable subheading for the Styles 30300, 30301, 30302, 30304 and 30305 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, women’s or girls’: Of man-made fibers, Other.” The duty rate of duty will be16% 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/.

Styles 30300, 30301, 30302, 30304 and 30305 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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