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NY L87686




September 27, 2005

CLA-2-95:RR:NC:SP:225 L87686

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 costumes from China.

Dear Mr. Fragomeli:

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

You submitted the following costumes, which meet the flimsy, non-durable requirements of Chapter 95 and are being returned upon your request.

Item numbers 6808599, 6808600 and 6808601, Sunshine Fairy, are three styles of a textile costume set that consists of a white dress decorated with a silk-screened fairy, orange skirt, sleeves and orange wings, with the dress imparting the essential character. The dress has flimsy construction of the seams, visible overlock stitching at the neck and raw edges at the arms and hem.

Item numbers 6808602, 6808603 and 6808604, Star Shine Fairy, are three styles of a textile costume set that consists of a white dress decorated with a silk-screened fairy, blue skirt, sleeves and blue wings, with the dress imparting the essential character. The dress has flimsy construction of the seams, visible overlock stitching at the neck and raw edges at the arms and hem.

Item numbers 6808605, 6808606 and 6808607, Love Light Fairy, are three styles of a textile costume set that consists of a white dress decorated with a silk-screened fairy, multi-colored skirt, sleeves and black wings outlined in yellow, with the dress imparting the essential character. The dress has flimsy construction of the seams, visible overlock stitching at the neck and raw edges at the arms and hem.

Item numbers 6808608, 6808609 and 6808610, Rainbow Sparkle Fairy, are three styles of a textile costume set that consists of a white dress decorated with a silk-screened fairy, multi-colored skirt, sleeves and black wings outlined in red, with the dress imparting the essential character. The dress has flimsy construction of the seams, visible overlock stitching at the neck and raw edges at the arms and hem.

Item numbers 6808611, 6808612 and 6808613, Flower Fairy, are three styles of a textile costume set that consists of a white dress, pink, red and white skirt decorated with a silk-screened fairy, sleeves and red wings, with the dress imparting the essential character. The dress has flimsy construction of the seams, visible overlock stitching at the neck and raw edges at the arms and hem.

The applicable subheading for item numbers 6808599, 6808600 and 6808601, Sunshine Fairy, item numbers 6808602, 6808603 and 6808604, Star Shine Fairy, item numbers 6808605, 6808606 and 6808607, Love Light Fairy, item numbers 6808608, 6808609 and 6808610, Rainbow Sparkle Fairy, and item numbers 6808611, 6808612 and 6808613, Flower Fairy, 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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