The tariff classification of a costume from China. Correction to Ruling Number N026201.

N029459 June 2, 2008 CLA-2-61:OT:RR:NC:3:353 CATEGORY: Classification TARIFF NO.: 6114.30.3054 Mr. Michael S. McCullough Vandergrift Forwarding Company, Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: The tariff classification of a costume from China. Correction to Ruling Number N026201. Dear Mr. McCullough: This replaces Ruling Number N026201, dated May 15, 2008, on behalf of International Intimates, Inc., which contained a clerical error. This letter clarifies the quota/visa status of a bra that is part of the costume set. A complete corrected ruling follows. Your submitted sample, style HUQA193 is an adult Hustler Army Girl Costume Set. The well-made costume set consists of a jump suit, bra and army cap. The jumpsuit has styling features, a well-made neck, seams, waist, partial front opening with six button closure, belt, finished arm, closure, collar and bottom hem edges. The jumpsuit is constructed of 82% nylon and 18% spandex knit fabric. The bra is constructed of 82% nylon and 18% spandex knit fabric. The bra features soft seamed fabric cups, adjustable elasticized shoulder straps, a sewn-on elasticized banded bottom and a triple adjustable hook and eye rear closure. The army style cap is constructed of 100% cotton woven fabric. The jumpsuit is classified in heading 6114, the bra is classified in heading 6212, and the cap in heading 6505. 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 jumpsuit imparts the essential character of the set. The applicable subheading for style HUQA193 will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other, coveralls, jumpsuits and similar apparel: women’s or girls’: other. The duty rate will be 14.9 percent ad valorem. The textile category designation is 659. 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/. Even though the bra is included as a constituent part of the set for classification purposes, it still falls within textile category 649. 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. 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, National Commodity Specialist Division