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NY L88961




November 25, 2005

CLA-2-95:RR:NC:SP:225 L88961

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 18, 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 12496, Spider Bride, is a textile costume that consists of a polyester knit mesh top, a dress made of polyester woven satin and nylon knit mesh and a headpiece, with the top imparting the essential character. The top has flimsy construction and all edges are flimsy.

Style 81380/82380/89380, Midnight Fairy, is a textile costume that consists of a top made of polyester knit velveteen and polyvinyl chloride, a skirt made of polyester knit velveteen with net mesh, and a pair of wings, with the top imparting the essential character. The top has flimsy construction and all edges are flimsy.

Style 81379/82379/89379, Mystical Nymph Warrior, is a textile costume that consists of a top and pants made of polyester knit fabric and a coat made of polyester knit mesh with plush trim, with the coat imparting the essential character. The coat has flimsy construction and all edges are flimsy.

Style 81155/82155/89155, Wild Thing, is a textile costume that consists of a dress made of polyester knit velveteen, a hat made of polyester knit velveteen and a pair of polyester knit fabric gloves, with the dress imparting the essential character. The dress has flimsy construction and all edges are flimsy.

The applicable subheading for style 12496, Spider Bride, style 81380/82380/89380, Midnight Fairy, style 81379/82379/89379, Mystical Nymph Warrior, and style 81155/82155/89155, Wild Thing, 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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