CLA-2-61:OT:RR:NC:3:358

Ms. Melissa Stanczak
Ballet Makers, Inc.
1 Campus Road
Totowa, NJ 07512

RE: The tariff classification of girls’ dancewear from China.

Dear Ms. Stanczak:

In your letter dated January 26, 2011, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 4098C “Peasant Sleeve Dress” is a skirted leotard constructed of 90% nylon, 10% spandex knit fabric. The sheer puffed sleeves and skirt are constructed of a polyester mesh fabric. The garment features a criss-cross scoop back; capping at the drop neckline and short sleeves; and ribbon decorations at the front neckline and sleeve shoulders. The garment is used for dance.

The Explanatory Note to heading 61.14 states that “the heading includes inter alia: (5) special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockey’s silks, ballet skirts, leotards).”

The applicable subheading for style 4098C will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: women’s or girls’. The rate of duty will be 14.9 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/.

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 Bruce Kirschner at (646) 733-3048.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division