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NY N025577




April 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0030, 6104.62.2011

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 samples which you submitted are being returned as requested.

The submitted sample, Style HCC103 Hustler Grease Monkey consists of a romper and ladies pants. The romper is made of woven 50% polyester/45% ramie/5% spandex fabric. The ladies pants are made of knit 92% cotton/8% spandex fabric. The romper has short cuffed sleeves, a shirt neckline with collar and a full front button closure. The ladies pants have an elastic waistband.

The Hustler Grease Monkey Costume, Style HCC103 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 romper will be 6211.43.0030, Harmonized tariff Schedule of the United States (HTS), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, Women's or girls': Of man-made fibers: Washsuits, sunsuits, one-piece playsuits and similar apparel." The duty rate will be 16% ad valorem. The textile category is 237.

The applicable subheading for the pants will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, Trousers, bib and brace overalls, breeches and shorts, Of cotton, Other, Trousers and breeches, Women’s, Other.” The rate of duty will be 14.9% ad valorem. The textile category is 348.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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