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NY 805757




February 7, 1995

CLA-2-95:S:N:N8:225 805757

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6090

Mr. Ken August
Easter Unlimited, Inc.
80 Voice Road
Carle Place, N.Y. 11514

RE: The tariff classification of four textile Costumes from China

Dear Mr. August:

In your letter dated January 6, 1995 you requested a tariff classification ruling.

Item 9928Z - Skeleton: An unlined black "jumpsuit" with a white skeleton painted on the front. The back is open from the neck to the waist. Closure is by simple sting ties. There is an unlined black head covering held on by simple sting ties.

Item Z - Devil: An unlined red "jumpsuit" with sewn on wings and devil tail. The back is open from the neck to half way to the waist. Closure is by simple sting ties. There is a matching head covering with sewn on horns.

Item 9722Z - Vampire: An unlined "jumpsuit" which gives the appearance of black pants and white shirt with a medallion screen printed on the front. There is a small unlined black cape with red piping. The piping is used as sting ties to tie the cape at the neck. The back is open halfway from the neck to the waist. Closure is by simple sting ties.

Item 9728Z - Soldier: An unlined camouflage "jumpsuit". The back is open from the neck to the waist. Closure is b simple sting ties. There is a camouflage headband. Each style will be retail packed in a cellophane bag with a colored cardboard insert showing a person dressed in the costume. The name of the style will be prominently displayed. There is a small plastic hanger a the top of the bag to allow it to be displayed on a rack.

Although the pieces in these sets are made of textile, they are of a flimsy nature and construction. The material is thin polyester jersey. The bottom of the pants and sleeves either have a raw edge or visible overlock stitching. There are no linings, darts or facings. The back openings have visible overlock stitching.

The applicable subheading for these four Costumes will be 9505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Festive, carnival or other entertainment articles,....:Other: Other: Other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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