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NY L89193




December 19, 2005

CLA-2-95:RR:NC:SP:225 L89193

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ken August
FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of costumes from China.

Dear Mr. August:

In your letter dated December 14, 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:

Angel Fairy is a textile costume that consists of a knit polyester dress, a rope belt that is tacked on, an apron, shoulder tatters, wings, a wand and a halo headpiece. The dress imparts the essential character to the costume. The dress has a single thin piece of elastic sewn to the front that creates a bosom. This dress is unlined, with flimsy visible overlock stitching construction at the neck and flimsy construction of the waist and inside seams. The bottom edge is raw and the armholes are finished with visible overlock stitching. This costume will be imported in the following sizes: 1569 -Toddler packaged in a polybag with a printed insert. 1569H -Toddler packaged on a hanger with a printed insert. 5959 - Child packaged in a polybag with a printed insert. 5959H - Child packaged on a hanger with a printed insert

Pink Princess Fairy Princess is a textile costume that consists of a knit polyester dress, a rope belt that is tacked on, an apron, shoulder tatters, wings, and a wand. The dress imparts the essential character to the costume. The dress has a single thin piece of elastic sewn to the front that creates a bosom. This dress is unlined, with flimsy visible overlock stitching construction at the neck and flimsy construction of the waist and inside seams. The bottom edge is raw cut and the armholes are finished with visible overlock stitching. This costume will be imported in the following sizes: 1570 -Toddler packaged in a polybag with a printed insert. 1570H -Toddler packaged on a hanger with a printed insert. 5960 - Child packaged in a polybag with a printed insert. 5960H - Child packaged on a hanger with a printed insert

Cutie Kitty Cat is a textile costume that consists of a velour finish knit polyester dress, a separate tail, a belt and a headpiece. The dress imparts the essential character. It has sewn-in pleats at the bottom, a ribbon lace effect at the bodice, which is sewn down and does not function as a closure. There is marabou trim at the bodice and at the end of the sleeves. The dress is unlined, with flimsy visible overlock stitching at the neck and flimsy construction of the seams and waist. It has a flimsy hook and loop closure and the bottom of the dress and the closure edge are raw. This costume will be imported in the following sizes: 1575 - Toddler packaged in a polybag with a printed insert. 1575H - Toddler packaged on a hanger with a printed insert. 5995 - Child packaged in a polybag with a printed insert. 5995H - Child packaged on a hanger with a printed insert

Zombie Doctor is a textile costume that consists of a woven cotton and polyester blend lab coat, a shirt, pants and hat of the same material. The shirt imparts the essential character, and has a PVC skeleton chest piece sewn into it. The shirt has flimsy visible overlock stitching construction at the neck, flimsy interior seams and visible overlock stitching at the hem, the neck and at the ends of the sleeves. This costume will be imported in the following sizes: 1668 - Teen, packaged in a polybag with a printed insert.1668H - Teen packaged on a hanger with a printed insert. 5453 - Adult packaged in a polybag with a printed insert.5453H - Adult packaged on a hanger with a printed insert. 5775 - Plus size, packaged in a polybag with a printed insert. 5775H - Plus size packaged on a hanger with a printed insert. 5957 - Child packaged in a polybag with a printed insert. 5957H - Child packaged on a hanger with a printed insert.

The applicable subheading for the Angel Fairy, Pink Princess Fairy Princess, Cutie Kitty Cat, and Zombie Doctor in the sizes described above 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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