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NY N023231




March 5, 2008

CLA-2-62:OT:RR:NC:N3:353

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 adult costumes from China.

Dear Ms. Cooper:

In your letter dated February 1, 2008, received in this office on February 13, 2008, on behalf Smiffy’s, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 30311 French Maid Kit Costume Set and Style 30319 Candy Striper Kit Costume Set consists of and bib apron-like garment, separate puffed sleeves and headpiece made of woven 100% polyester fabric.

Style 30311 French Maid Costume organza apron is trimmed with lace-like fabric and ribbon. The garment has a pinafore-style top with self-fabric ties at the back.

Style 30319 Candy Striper Costume satin fabric apron also has a pinafore-style top, tie at the back and ribbons on the apron.

Both costumes are well made with styling, sturdy seams, lace-like finishing and sewn on 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 apron-like garment imparts the essential character of each set.

 The applicable subheading for the Styles 30311 and 30319 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits and swimwear; other garments: Other garments women’s or girls’: Of man-made fibers, Other." The duty rate will be 16% 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

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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