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NY N023647




March 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030, 6104.43.2010, 6114.30.3070

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

RE: The tariff classification of costumes from China.

Dear Ms. Cooper:

In your letter dated February 16, 2008, on behalf of Smiffy’s, you requested a classification ruling. The samples which you submitted are being returned as requested.

The three samples submitted are part of a mix and match costumes.

Style 30355 Marilyn Rental consists of a dress made of woven 95% polyester/5% lycra fabric. The halter-style sun burst pleated dress has a tie at the back of the neck, 1” band under the bustline with a tie on each side and six rows of smocking at the back.

Style 30356 Marilyn Deluxe consists of a dress made of knit 95% polyester/5% lycra fabric. The halter-style dress with sun burst pleated skirt has a tie at the back of the neck, ribbon tie on each side and six rows of smocking at the back.

Style 30357 Marylyn Panties are made of heavy knit 95% polyester/5% lycra fabric with a trimmed elasticized waist and leg openings. The woman’s lower body garment is a brief-style and it is designed to be seen. The garment is not a short and is not worn as underwear. The lower body garment is worn when the wearer is imitating Marilyn Monroe when she is standing over a subway grating and the skirt of her dress blows upward.

The costumes are well made with styling, finished neck, waist and edges and sturdy seams. The applicable subheading for Style 30355 Marilyn Rental will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for “Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, . . . Dresses: Of synthetic fibers: Other: Other, Other: Women’s’.” The duty rate will be 16 percent ad valorem. The textile category designation is 636.

The applicable subheading for Style 30356 Marilyn Deluxe will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’blazers, dresses, skirtsknitted or crocheted: Dresses: Of synthetic fibers: Other, Women’s. The duty rate will be 16% ad valorem. The textile category designation is 636.

      The applicable subheading for Style 30357 Marilyn Panties 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 general rate of duty will be 14.9% 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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