# NY J83575

May 6, 2003

CLA-2-61:RR:NC:3:353 J83575

CATEGORY: Classification

TARIFF NO.: 6106.20.2010; 6104.53.2010; 6212.90.0030; 6217.10.9530;
9503.90.0080; 9615.11.4000

Mr. Joseph R. Hoffacker

Barthco Trade Consultants

7575 Holstein Avenue

Philadelphia, PA 19153

RE: The tariff classification of a costume from China.

Dear Mr. Hoffacker:

In your letter dated April 22, 2003, on behalf of Big Lots Stores, Inc.,
you requested a classification ruling. As requested, the sample will be
returned to you.

Your submitted sample, style HWG-005-AM-7 is an Adult Halloween French
Maid Costume. The costume includes an adult's knit blouse and skirt of
100% polyester. You stated that the garment was woven, our examination
reveals a warp knit fabric. The blouse features an over-locked stitched
neck with a front lace inset with a raw edge, short sleeves with thin
elastic and over-lock stitching, an over-lock stitched bottom and a full
back opening secured with hook and loop tab closures. The skirt features
an elasticized waist with over-lock stitching, a small tacked on apron,
a front hook and loop tab closure on the wrap type shirt, over-lock
stitching on the edges and bottom. Also included are a polyester lace
elasticized leg garter, woven textile choker of man-made fabric, a toy
feather duster and a plastic lace covered headband.

Style HWG-005-AM-7 consists of two garments, a blouse and skirt. Note 13
of Section XI, of the HTSUSA, requires that the 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 13, the articles that may
be packaged with the garments must also be classified separately.

The applicable subheading for the blouse will be 6106.20.2010,
Harmonized Tariff Schedule of the United States (HTS), which provides
for women's or girls' blouses and shirts, knitted or crocheted: of
man-made fibers: other, women's. The duty rate will be 32.3 percent ad
valorem.

The applicable subheading for the skirt will be 6104.53.2010, Harmonized
Tariff Schedule of the United States (HTS), which provides for women's
or girls' suits-type jackets, blazers, dresses, skirts, divided skirts,
trousers, bib and brace overalls, breeches and shorts, knitted or
crocheted: skirts and divided skirts: of synthetic fibers: other,
women's. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for the garter will be 6212.90.0030,
Harmonized Tariff Schedule of the United States (HTS), which provides
for brassieres, girdles, corsets, braces, suspenders, garters, and
similar articles and parts thereof, whether or not knitted or crocheted:
other, of man-made fibers or man-made fibers and rubber or plastics. The
duty rate will be 6.6 percent ad valorem.

The applicable subheading for the textile choker will be 6217.10.9530,
Harmonized Tariff Schedule of the United States (HTS), which provides
for other made up clothing accessories; parts of garments or of clothing
accessories, other than those in heading 6212: accessories: other:
other, of man-made fibers. The duty rate will be 14.7 percent ad
valorem.

The applicable subheading for the toy feather duster will be
9503.90.0080, Harmonized Tariff Schedule of the United States (HTS),
which provides for other toys; . . . : other, other. The duty rate will
be Free.

The applicable subheading for the headband will be 9615.11.4000,
Harmonized Tariff Schedule of the United States (HTS), which provides
for combs, hair-slides and the like; hairpins, curling pins, curling
grips, hair curlers and the like, other than those of heading 8516, and
parts thereof: combs, hair-slides and the like: of hard rubber or
plastics: other; not set with imitation pearls or other imitation
gemstone. The duty rate will be 5.3 percent ad valorem.

The blouse falls within textile category designation 639. Based upon
international textile

trade agreements products of China are subject to quota and the
requirement of a visa.

The skirt falls within textile category designation 642. Based upon
international textile trade agreements products of China are subject to
quota and the requirement of visa.

China is a member of the World Trade Organization (WTO), and the garter
is not subject to quota or the requirements of a visa.

The choker falls within textile category designation 659. Based upon
international textile trade agreements products of China are subject to
quota and the requirement of visa.

This merchandise is being classified in accordance with the Court of
International Trade decision in [Rubie's Costume Company v. United
States]{.underline}, No.99-06-00388, Slip Op.02-14, (CIT Feb.19, 2002).
The case has been appealed. The merchandise will be exempt from export
visa and quota requirements until further notice. See Federal Register,
June 25, 2002 (Volume 67, Number 122, Page 42760).

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,

National Commodity

Specialist Division