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NY N025574




April 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010

Ms. Monica Chang
International Intimates Inc.
180 Madison Ave., 5th Floor
New York, NY 10016

RE: The tariff classification of an adult costume from China.

Dear Ms. Chang:

In your letter dated April 1, 2008 you requested a classification ruling. The sample which you submitted is being returned as requested.

The submitted sample, Style HUQA198S Hustler Sexy Nurse consists of blouse that you identify as a mini dress and a nurse’s hat (sample not included). The blouse is made of knit 88% nylon/12% nylon/12% spandex fabric. The short sleeve garment extends to approximately the hip with a deep scoop neckline and a full front zipper closure. The hat is made of the same fabric as the dress and will be imported as a set and packaged for retail sale.

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 blouse imparts the essential character of the set.

You suggest classification as a dress. Based upon the stitch count, coverage and styling the garment is more specifically provided for as a blouse under 6106.

    The applicable subheading for the Style HYQA198S, Hustler Sexy Nurse Costume Set will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ blousesknitted or crocheted: Of man-made fibers: Other, Women’s." The duty rate will be 32% ad valorem. The textile category designation is 639.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

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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