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NY L87273




September 13, 2005

CLA-2-95:RR:NC:SP:225 L87273

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Yolanda S. Massey
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of costumes from China.

Dear Ms. Massey:

In your letter dated August 23, 2005, you requested a tariff classification ruling.

You submitted the following samples:

Item #1050-49, “Foamie Dress-Up Fairy Crown”, is a headpiece that consists of a pink circular polyurethane foam crown with attached white fabric mesh. The crown measures approximately 6-1/2” in diameter and is intended for use by a child as a costume for the Halloween holiday.

Item #1047-39V, “Foamie Dress-Up Bride Costume”, is a headpiece that consists of a white polyurethane foam tiara with attached white fabric mesh. The tiara measures approximately 4-1/2” at its highest point in front and has an elastic plastic strap for securing to the head. The headpiece is intended for use by a child as a costume for the Halloween holiday.

Item #1050-47, “Foamie Dress-Up Wrap Crown”, is a pink eight pointed crown that is made of polyurethane foam and measures approximately 5-3/4” in height and 10” in diameter. The crown has an adjustable strap, and is intended for use by a child as a costume for the Halloween holiday.

The applicable subheading for item #1050-49, “Foamie Dress-Up Fairy Crown”, item #1047-39V, “Foamie Dress-Up Bride Costume”, and item #1050-47, “Foamie Dress-Up Wrap Crown” 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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