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NY L89162




December 19, 2005

CLA-2-95:RR:NC:SP:225 L89162

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 9, 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:

Item numbers 6808789/6808573/6808574, Cyclops, are various sizes of a textile costume that consists of a polyester tunic and pants, boot covers, a mask, arm and shoulder guards and a belt, with the tunic imparting the essential character. Although the tunic has a well-made trim embellishment, it has flimsy construction of the neck and seams and flimsy arms, hem, and closure edges.

Item numbers 6808793/6808577/6808578, Asterius, are various sizes of a textile costume that consists of a polyester tunic, boot covers, chest plate, arm guards, a belt, a mask, with the tunic imparting the essential character. Although the tunic has well-made styling (multiple layers), it has flimsy construction of the neck and seams, and flimsy arms, hem and closure edges.

Item numbers 6808693 through 6808698, Overlord Robe, are various sizes of a textile costume comprised of a polyester robe. Although the robe has well-made styling (multiple collar layers), well-made grommet closure and well-made embellishments (black tape and a belt), it has flimsy construction of the neck, waist and seams and flimsy arms, hem, collar and closure edges.

Item numbers 6808686/6808687/6808688, Evil Robe, are various sizes of a textile costume consisting of a capelet with hood and a robe, with the robe imparting the essential character. Although the robe has well-made styling of the sleeves, it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure, and flimsy arms, hem and closure edges.

Item numbers 6808705/6808706/6808707, Rustler, are various sizes of a textile costume that consists of cotton and vinyl coat, a hat, a shoulder drape and a bandanna, with the coat imparting the essential character. Although the coat has well-made multiple layer styling of the collar, a well-made neck, and a well-made closure of buckles, it has flimsy construction of the seams and flimsy arms, hem and closure edges.

The applicable subheading for item numbers 6808789/6808573/6808574, Cyclops, item numbers 6808793/6808577/6808578, Asterius, item numbers 6808693 through 6808698, Overlord Robe, item numbers 6808686/6808687/6808688, Evil Robe, and item numbers 6808705/6808706/6808707, Rustler, 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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