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NY L89161




December 19, 2005

CLA-2-95:RR:NC:SP:225 L89161

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group
345 Seventh Avenue, 6th Floor
New York, NY 10019

RE: The tariff classification of costumes from China.

Dear Mr. Fragomeli:

In your letter dated December 8, 2005, you requested a tariff classification ruling.

You submitted the following costumes, which meet the flimsy, non-durable requirements and are being returned per your request:

Items 6808426/6808427, Robot, are two sizes of a textile costume comprised of a top, a jumpsuit with headpiece and gloves. The top imparts the essential character and has flimsy construction.

Items 6804207/6804208/6804209, Groovy Kid, are various sizes of a textile costume that consists of a polyester dress, headband and boot covers, with the dress imparting the essential character. Although the dress has well-made styling (gathering at the sleeves), well-made construction (capping at the neck) and a well-made embellishment (fringe), it has flimsy construction of the waist and seams, a flimsy string tie closure, and flimsy arms, hem and closure edges.

Items 6804211/6804212/6804213, Go Go Girl, are three sizes of a textile costume that consists of a polyester dress, hat and boot covers, with the dress imparting the essential character. Although the dress has well-made construction of the neck (capping) and well-made edges at the arms, it has flimsy construction of the waist and seams, a flimsy string tie closure and flimsy hem and closure edges.

Items 6808528/6808529/6808530/6808663/6808664/6808665, Vampiress, are various sizes of a textile costume that consists of a polyester dress, skirt, collar and sleeves, with the dress imparting the essential character. Although the dress has well-made styling (ruffle sleeves), well-made construction of the waist, and a well-made embellishment (rick rack), it has flimsy construction of the neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure, and flimsy arms and closure edges.

Items 6807848/6807849/6807851, Princess Pink, are three sizes of a textile costume that consists of a polyester dress, skirt, gloves and tiara, with the dress imparting the essential character. Although the dress has well-made styling (sleeves), well-made arms and a well-made embellishment (rick rack), it has flimsy construction of the neck, waist, seams, a flimsy hook and loop tab closure and a flimsy hem and closure edges.

The applicable subheading for items 6808426/6808427, Robot, items 6804207/6804208/6804209, Groovy Kid, items 6804211/6804212/6804213, Go Go Girl, items 6808528/6808529/6808530/6808663/6808664/6808665, Vampiress, and items 6807848/6807849/6807851, Princess Pink, 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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