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NY D84065




November 9, 1998

CLA-2-95:RR:NC:SP:225 D84065

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ken August
Easter Unlimited, Inc.
80 voice road
Carle Place, NY 11514

RE: The tariff classification of a costume from China

Dear Mr. August:

In your letter dated Oct. 27, 1998 you requested a tariff classification ruling.

Item #1026, Mistress Kitty Costume, consists of a simple 2 panel skirt, a halter top, a choker, simulated boot tops, full length glovelettes and kitty ears on a plastic frame. With the exception of the ears, the outfit is made of black simulated leather material. Because the material is not considered textile, the Chapter 95 Note 1 (e) exclusion of textile costumes from Chapter 95 does not apply. The item is packaged in a polybag with a photo insert showing a model dressed in the costume.

Item #H1026 is the same as the item above except it is packaged on a hanger with a photo insert.

The applicable subheading for items #1026 and #H1026, Mistress Kitty Costume, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles,....:Other: Other The rate of duty will be free.

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 Alice J. Wong at (212) 466-5538.

Sincerely,

Robert B. Swierupski
Director National Commodity

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