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NY L88411




October 31, 2005

CLA-2-95:RR:NC:SP:225 L88411

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of costumes from China.

Dear Mr. Williams:

In your letter dated October 25, 2005, you requested a tariff classification ruling.

You submitted photographs of costumes, which meet the flimsy, non-durable requirements for classification in Chapter 95.

Style 02716/12716, Fuzzy Bear, is a textile costume that consists of a brown polyester knit plush jumpsuit, a brown polyester plush headpiece and brown polyester shoe toppers, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (stomach and tail), it has flimsy construction and a flimsy hook and loop closure.

Style 02717/12717, Fuzzy Fox, is a textile costume that consists of a brown polyester woven plush jumpsuit, a polyester woven white hood, a brown polyester plush headpiece and polyester shoe toppers, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (stomach and tail), it has flimsy construction and a flimsy hook and loop closure.

Style 02718/12718, Fuzzy Rooster, is a textile costume that consists of a yellow and red polyester knit plush jumpsuit, a polyester knit yellow and red headpiece and polyester yellow shoe toppers, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (stomach and tail), it has flimsy construction and a flimsy hook and loop closure.

Style 02719/12719, Fuzzy Rabbit, is a textile costume that consists of a gray polyester knit plush jumpsuit, a polyester knitted pink headpiece and gray polyester shoe toppers, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (stomach and tail), it has flimsy construction and a flimsy hook and loop closure.

Style 02741/12741, Lil’ Fuzzy Skunk, is a textile costume that consists of a black and white polyester knit jumpsuit, a black and white polyester knit headpiece and black and white polyester shoe toppers, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (stomach and tail), it has flimsy construction and a flimsy hook and loop closure.

The applicable subheading for style 02716/12716, Fuzzy Bear, style 02717/12717, Fuzzy Fox, style 02718/12718, Fuzzy Rooster, style 02719/12719, Fuzzy Rabbit, and style 02741/12741, Lil’ Fuzzy Skunk, will be 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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