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NY L89391





December 29, 2005

CLA-2-95:RR:NC:SP:225 L89391

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 6808797, 6808585 and 6808586, Punkface, are three sizes of a polyester coat costume. Although the coat has a well-made zipper closure and well-made edges at the arms and closure, it has flimsy construction of the neck and seams and flimsy edges at the hem and top of collar.

Item numbers 6808555, 6808556 and 6808557, Edwardian Banshee, are three sizes of a textile costume that consists of a polyester dress, a jacket and a cincher/belt, with the dress imparting the essential character. The dress 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.

Item numbers 6807865, 6807866 and 6807867, Friendly Airlines, are three sizes of a textile costume that consists of a polyester spandex skirt, a top and a hat, with the top imparting the essential character. Although the dress has well-made styling (piping), well-made edges at the arms and a well-made embellishment (wings), it has flimsy construction of the neck and seams, a flimsy string tie closure and flimsy edges at the hem.

Item numbers 6807883, 6807884 and 6807885, Jade, are three sizes of a textile costume that consists of a polyester skirt, a top and a pair of vinyl wings, with the top imparting the essential character. Although the top has well-made seams, well-made elastics, a well-made metal closure and well-made edges at the closure, it has flimsy construction of the neck, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item numbers 6806968, 6806969 and 6806971, Brimstone, are three sizes of a textile costume that consists of a polyester dress and cincher/belt, with the dress imparting the essential character. Although the dress has well-made styling (sleeves) and well-made construction of the neck, it has flimsy construction of the seams and flimsy edges at the arms, hem and top of the collar.

The applicable subheading for item numbers 6808797, 6808585 and 6808586, Punkface, item numbers 6808555, 6808556 and 6808557, Edwardian Banshee, item numbers 6807865, 6807866 and 6807867, Friendly Airlines, item numbers 6807883, 6807884 and 6807885, Jade, and item numbers 6806968, 6806969 and 6806971, Brimstone, 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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