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NY L89195




December 19, 2005

CLA-2-95:RR:NC:SP:225 L89195

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 6807852/6807853/6807854, Princess Pink, are three sizes of textile costume that consists of a polyester dress, skirt and tiara, with the dress imparting the essential character. Although the dress has well-made styling (multiple layer sleeves), a well-made waist, well-made arms and a well-made embellishment (rick rack), it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Items 6807856/6807857/6807858, Princess Pink, are three sizes of a textile costume that consists of a polyester dress, skirt and tiara, with the dress imparting the essential character. Although the dress has well-made styling (multiple layer sleeves), well-made arms and a well-made embellishment (rick rack), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure, and flimsy edges at the arms, hem and closure.

Items 6803219/6803222/6803223, Princess Blue, are three sizes of a textile costume that consists of a polyester dress, shawl, skirt and tiara, with the dress imparting the essential character. Although the dress has well-made styling features (raglan sleeves and straps) and well-made arms, it has flimsy construction of the neck, waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure, and flimsy edges at the hem and closure.

Items 6807830/6807835, Hello Kitty Cheerleader, are two sizes of a textile costume that consists of a polyester top, skirt, pom poms, with the top imparting the essential character. Although the top has well-made construction of the neck (capping), it has flimsy construction of the seams, a flimsy hook and loop tab closure, and flimsy edges at the arms, hem and closure.

Items 6808789/6808591/6808592, Chauffeur, are three sizes of a textile costume that consists of a polyester jacket, pants, boot covers and hat, with the jacket imparting the essential character. Although the jacket has well-made styling (multiple layer collar), well-made construction of the neck, and a well-made embellishment (buttons), it has flimsy construction of the seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem, closure and top of the collar.

The applicable subheading for item numbers 6807852/6807853/6807854, Princess Pink, item numbers 6807856/6807857/6807858, Princess Pink, item numbers 6803219/6803222/6803223, Princess Blue, item numbers 6807830/6807835, Hello Kitty Cheerleader, and item numbers 6808789/6808591/6808592, Chauffeur, 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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