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NY L89393





December 29, 2005

CLA-2-95:RR:NC:SP:225 L89393

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 16, 2005, you requested a tariff classification ruling.

You submitted the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95.

Polka Dot Witch is a textile costume that consists of a knit polyester dress, a matching belt and a witch hat, with the dress imparting the essential character. The dress has a double layer skirt and double layers at the neck and the ends of the sleeves. This dress is unlined and has flimsy visible overlock stitching construction at the neck, flimsy construction of the waist and flimsy inside seams. The only closure is comprised of flimsy hook and loop tabs in the back. The bottom edges of both skirt layers, as well as both sleeve and neck layers, are finished with visible overlock stitching. This costume will be imported in the following sizes: 1588 -Toddler size, packaged in a polybag with a printed insert. 1588H - Toddler size, packaged on a hanger with a printed insert. 5969 - Child size, packaged in a polybag with a printed insert. 5969H - Child size, packaged on a hanger with a printed insert

Polka Dot Clown is a textile costume that consists of a knit polyester dress, a matching belt and a clown hat, with the dress imparting the essential character. The dress has a double layer skirt and double layers at the neck and the ends of the sleeves. This dress is unlined and has flimsy visible overlock stitching construction at the neck, flimsy waist construction and flimsy inside seams. The only closure is comprised of flimsy hook and loop tabs in the back. The bottom edges of both skirt layers, as well as both sleeve and neck layers, are finished with visible overlock stitching. This costume will be imported in the following sizes: 1589 - Toddler size, packaged in a polybag with a printed insert.1589H - Toddler size, packaged on a hanger with a printed insert.

Sexy Referee is a textile costume that consists of a knit polyester pullover top, a pleather skirt, and a belt, with the top providing the essential character. The top has a pleather collar sewn into it. The inside seams are of flimsy construction and the bottom hem and the ends of the sleeves are raw cut. The name of this costume may be changed to ‘Play Ball’. This costume will be imported in the following sizes: 1669 - Teen size, packaged in a polybag with a printed insert. 1669H - Teen size, packaged on a hanger with a printed insert. 5158 - Adult size, packaged in a polybag with a printed insert. 5158H - Adult size, packaged on a hanger with a printed insert

Sexy Convict is a textile costume that consists of a knit polyester pullover top with choker collar, a skirt, and a hat, with the top providing the essential character. The top has pleather piping around the bodice opening and narrow elastic strips in the center of the bodice. This top has flimsy visible overlock stitching construction at the neck, a flimsy hook and loop closure at back of the neck, flimsy inner seams and raw cut edges at the hem, sleeves and around the closure. The name of this costume may be changed to ‘Not Guilty’. This costume will be imported in the following sizes: 1670 - Teen size, packaged in a polybag with a printed insert.1670H - Teen size, packaged on a hanger with a printed insert. 5159 - Adult size, packaged in a polybag with a printed insert. 5159H - Adult size, packaged on a hanger with a printed insert

Purr-Fect Lady is a textile costume that consists of a velour finish knit polyester pullover top with choker collar, a skirt, a belt, tail and headpiece, with the top imparting the essential character. The top has marabou tacked around the bodice opening and the ends of the sleeves. It also has a ribbon lace effect at the front, which is sewn down and does not function as a closure. This top has flimsy visible overlock stitching construction at the neck, a flimsy hook and loop closure at the back of the neck, flimsy inner seams and raw cut edges at the hem and around the closure. This costume will be imported in the following sizes: 1671 - Teen size, packaged in a polybag with a printed insert. 1671H - Teen size, packaged on a hanger with a printed insert. 5160 - Adult size, packaged in a polybag with a printed insert. 5160H - Adult size, packaged on a hanger with a printed insert.

The applicable subheading for the costumes in their 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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