HQ 084255: Classification of a costume cape under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                    HQ 084255

                                  July 6, 1989


      CLA-2 CO:R:C:G  084255  CMR

      CATEGORY: Classification

      TARIFF NO.: 6202.13.4020

      Mr. Dan Rainer
      Hasbro, Inc.
      International Department
      1027 Newport Avenue
      Pawtucket, Rhode Island  02862-1059

      RE: Classification of a costume cape under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA)

      Dear Mr. Rainer:

           This ruling is in response to your letter of March 8, 1989,
      requesting the classification of various items for children's dress-
      up sets.  The cape for Princess #657 has been forwarded to this
      office for classification.

      FACTS:

           The article at issue, a costume cape, is made of 100 percent
      man-made fibers except for a plastic clasp.  It is sized for children
      ages 3-6 years old.  It will be imported from the Dominican Republic.

      ISSUE:

           Is the costume cape classifiable as wearing apparel in Chapter
      62, HTSUSA?

      LAW AND ANALYSIS:

           Costumes of textile materials have been held to be fancy dress,
      of textiles, of Chapter 61 or 62, classifiable in Section XI.  A
      costume cape for children and adults was classified in HRL 083827 of
      May 30, 1989.  A copy of that ruling is enclosed.  See also, HRL
      082626 of December 21, 1988, modified in HRL 083627 of June 13, 1989;
      and HRL 083855 of June 6, 1989.













                                       -2-


      HOLDING:

           The costume cape is classifiable under the provision for
      overcoats, carcoats, capes, cloaks, and similar articles, of man-made
      fibers, other, other, other, in subheading 6202.13.4020, HTSUSA,
      textile category 635, dutiable at 29.5 percent ad valorem.

           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










































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins