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NY L87320




September 27, 2005

CLA-2-95:RR:NC:SP:225 L87320

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
The Paper Magic Group
1107 Broadway, Suite 1414
New York, NY 10010

RE: The tariff classification of a costume from China.

Dear Mr. Fragomeli:

In your letter dated September 6, 2005, you requested a tariff classification ruling.

You submitted the following costume, which meets the flimsy, non-durable requirements for classification in Chapter 95 and is being returned upon your request.

Item numbers, 6804193, 6804194 and 6804195 Jitterbug Jane, are three styles of a textile costume set that consists of a silver top (blouse), a purple skirt decorated with a silk-screened juke box with musical notes, a black underskirt with white trim, a black belt with a purple bow and a black collar decorated with white dots and a purple bow, with the top (blouse) imparting the essential character. Although the top (blouse) has two well-made styling features (puff sleeves and cuffs), well-made edges at the arms and a well-made bow embellishment, it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure, and visible overlock stitching at the closure and hem.

The applicable subheading for item numbers 6804193, 6804194 and 6804195 Jitterbug Jane, 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.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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