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NY N026242




May 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010, 6211.42.0081

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 HCC101 Hustler Prep School Girl Costume consists of a blazer and bottom which you identify as a skirt. The blazer is made of woven 50% polyester/45% ramie/5% spandex fabric. The garment has long sleeves, shirt-type collar, two pockets and a full front button closure that closes right over left. The bottom is made of woven 100% cotton fabric. The garment is approximately 7” long with a full front opening secured by a hook and loop closure.

The Hustler Prep School Girl Costume, Style HCC101 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 blazer will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: Of synthetic fibers: Other: Women’s." The duty rate will be 27.3% ad valorem. The textile category designation is 635.

  The applicable subheading for the bottom will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, Women’s or girls’: Of cotton, Other." The duty rate will be 8.1% ad valorem. The textile category designation is 359.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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