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