CLA-2 CO:R:C:T 952068 CMR
TARIFF NO: 6211.43.0090
Mr. Marty Langtry
Castelazo & Associates
5420 West 104th Street
Los Angeles, Cal. 90045
RE: Modification of HRL 086672 of June 22, 1990; Classification
of dress-up articles imported in bulk
Dear Mr. Langtry:
This ruling is a modification of Headquarters Ruling Letter
086672 of June 22, 1990, issued in response to your request on
behalf of Curriculum Materials regarding the classification of
dress up articles imported in bulk. It has come to our attention
that some minor modifications are necessary in the decision
issued to you. A copy of HRL 086672 is enclosed for your
reference.
In HRL 086672, a 100 percent polyester lace cape and a 100
percent polyester woven cape were erroneously classified in
subheading 6214.30.0000, HTSUSA, which provides for shawls,
scarves, mufflers, mantillas, veils and the like of synthetic
fibers. The costumes capes are more properly classified in
subheading 6211.43.0090, HTSUSA, as women's or girls' other
garments of man-made fibers, other. See, HRL 085162 of July 28,
1989, HRL 085163 of July 28, 1989. Garments classified in
subheading 6211.43.0090, HTSUSA, fall within textile category 659
and are dutiable at 17 percent ad valorem.
Another minor modification is required in the analysis
portion of HRL 086672. In the first full paragraph on page 3 of
the ruling letter, the sentence "However, the distinctions
between fancy dress articles and dress up articles which have
been postulated are not dispositive of the issue of
classification." is an overly broad conclusion regarding the
distinctions between fancy dress and dress up articles. That
sentence is hereby deleted.
-2-
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying HRL
086672, effective with the date of this letter. If after your
review of this ruling letter, you disagree with the legal basis
for our decision, we invite you to submit any arguments you might
have with respect to this matter for our review. Any submission
you wish to make should be received within 30 days of the date of
this letter.
This notice to you should be considered a modification of
HRL 086672 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to HRL 086672 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of
future transactions in merchandise of this type, this
modification of HRL 086672 will be in effect. We recognize that
pending transactions may be adversely affected by this
modification in that current contracts for importation arriving
at a port subsequent to this decision will be classified pursuant
to it. If such a situation arises, you may, at your discretion,
notify this office and may apply for relief from the binding
effects of this decision as may be warranted by the
circumstances. However, please be advised that in some instances
involving import restraints, such relief may require separate
approvals from other government agencies.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division