The tariff classification of infant costumes from China.

NY M86332 September 29, 2006 CLA-2-61:RR:NC:3:353 M86332 CATEGORY: Classification TARIFF NO.: 6111.30.5070 Ms. Leah Navidad Disguise, Inc. 11906 Tech Center Poway, CA 92064 RE: The tariff classification of infant costumes from China. Dear Ms. Navidad: In your letter dated August 21, 2006, requested a classification ruling. As requested the samples will be returned to you. You have submitted three samples. Style 4605 Yummy Mummy is an infant’s costume set. The well-made costume consists of a knit polyester fabric jumpsuit. The item has styling features, a finished neckline, well made waist, seams, arms and ankle edges and a hook and loop strip back closure. The costume also has a lined mummy hood with a hook and loop closure and a battery operated plastic blinking heart with a self clip that is inserted through a slit in the costume. Style 4606 Friendly Skeleton is an infant’s costume set. The well-made costume consists of a knit polyester fleece fabric jumpsuit. The item has styling features, a finished neckline, well made waist, seams, arms and ankle edges and a hook and loop strip back closure. The costume also has a lined skeleton face hood with a hook and loop closure and a battery operated plastic blinking heart with a self clip that is inserted through a slit in the costume. Style 4607 Handsome Devil is an infant’s costume set. The well-made costume consists of a knit polyester fleece fabric jumpsuit. The item has a finished neckline, seams, arms and ankle edges and a hook and loop strip back closure. The costume also has a lined devil horned hood with a hook and loop closure, a detachable devil tail and wings and a battery operated plastic blinking heart with a self clip that is inserted through a slit in the costume. 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 jumpsuits of all styles impart the essential character of the sets. The applicable subheading for styles 4605 Yummy Mummy, 4606 Friendly Skeleton and 4607 Handsome Devil (Infant) Costume Sets will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: other. The duty rate will be 16 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/. All styles fall within textile category 239. 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. 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