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NY K89157




September 7, 2004
CLA-2-95:RR:NC:SP:225 K89157

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Pat Beals
Teetot & Company, Inc.
190 E. Crowther Avenue, Suite D
Placentia, CA 92870

RE: The tariff classification of a flimsy costume from China.

Dear Ms. Beals:

In your letter dated August 24, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Purple Outfit” identified as style number 40650. The flimsy outfit consists of a purple glitter top and skirt, with the essential character imparted by the top. The top has a polyester knit bodice with a polyester knit collar and flimsy elastics sewn directly to the fabric with ¼” overlock stitching at the armholes, flimsy tab closures in back, and flimsy edges containing visible overlock stitching at the arms and edges. The skirt has flimsy thin elastic at the waist and visible overlock stitching at the bottom hem. The outfit will be packaged in a cardboard box with a window display and meets the flimsy, non-durable requirements for classification within Chapter 95 of the Harmonized Tariff Schedule.

Your sample is being returned as requested.

The applicable subheading for the “Purple Outfit” identified as style number 40650 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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