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NY L88949




November 21, 2005

CLA-2-95:RR:NC:SP:225 L88949

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 November 17, 2005, you requested a tariff classification ruling.

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

Style 12490, Flame Dancer, is a textile costume that consists of a dress made of polyester knit velveteen, a belt made of polyester knit velveteen and a headpiece, with the dress imparting the essential character. The dress has flimsy construction and all edges are flimsy.

Style 81357/82357/89357 Dark Princess/Royal Princess, are two textile costumes that are comprised of a dress made of polyester knit velveteen. Although the dress has two styling features (dropped waist and dart in front seam), well-made construction of the neck and one embellishment, the dress has flimsy construction of the waist and seams and all edges are flimsy.

Style 02799/12799, Princess Fairy, is a textile costume that consists of a dress made of polyester knit velveteen, polyester woven fabric and nylon woven mesh and a pair of wings, with the dress imparting the essential character. Although the dress has two styling features (multi-layer top), well-made construction of the inside seam and two embellishments, it has flimsy construction of the neck and waist and all edges are flimsy.

Style 12492/81492/82492, Repunzel, is a textile costume that consists of a dress made of polyester knit velveteen, polyester woven fabric and nylon mesh and a hat made of polyester velveteen, with the dress imparting the essential character. Although the dress has two styling features and three embellishments, it has flimsy construction and all edges are flimsy.

Style 81356/82356/89356, Spider Web Princess, is a textile costume with a hood that is made of polyester knit velveteen. Although the costume has two styling features (dropped waist and cuffs) and well-made construction of the neck, it has flimsy construction of the waist and seams and all edges are flimsy.

The applicable subheading for style 12490, Flame Dancer, style 81357/82357/89357 Dark Princess/Royal Princess, style 02799/12799, Princess Fairy, style 12492/81492/82492, Repunzel, and style 81356/82356/89356, Spider Web Princess, 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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