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NY N026069




May 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4040; 6210.10.9040; 6217.10.9530; 9615.19.6000

Ms. Liz Guzman
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a costume from China.

Dear Ms. Guzman:

In your letter dated April 4, 2008, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style 6782 child’s Alexa Costume consists of a well-made dress, petticoat, choker and a tiara. The well-made dress is constructed of woven man-made fabric fabric. The dress has styling features, a well-made waist, zipper closure and well-made edges. The petticoat is constructed of non-woven fabric of heading 5603, HTS. The tiara is constructed of rigid plastic covered with textile fabric. The choker is fabricated from woven man-made fabric with a hook and loop closure.

Style 6782 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 dress will be 6204.43.4040, 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: girls’. The duty rate will be 16 percent ad valorem.

The applicable subheading for petticoat will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: of fabrics of 5602 or 5603: other: other: other, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the choker will be 6217.10.9530 Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for other made up clothing accessories, parts of garments or of clothing accessories: accessories: other: other, of man-made fibers. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for tiara will be will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for combs, hair-slides and the like and parts thereof: combs, hair-slides and the like: other: other. The duty rate will be 11 percent 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/.

The dress falls within textile category designation 636. The petticoat and choker fall within textile category designation 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. The textile category number above applies to merchandise produced in non-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.

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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