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NY L89395




December 29, 2005

CLA-2-95:RR:NC:SP:225 L89395

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 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:

Item numbers 6807826-828, United States Army Officer, are three sizes of a textile costume comprised of a polyester shirt, a pair of pants and a cap, with the shirt imparting the essential character. Although the shirt has a well-made styling feature (pockets on sleeves) and well-made edges at the pockets, it has flimsy construction of the neck and seams, a flimsy hook and loop tab and flimsy edges at the arms, hem, closure and top of the collar.

Item numbers 6807822-824, United States Army Infantry, are three sizes of a textile costume that consists of a polyester shirt, a vest and a pair of pants, with the vest imparting the essential character. Although the vest has a well-made styling feature (pockets) and well-made edges at the pockets, it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item numbers 6804116-4118, Black Widow, are three sizes of a textile costume that consists of a polyester dress, cape and cuffs, with the dress imparting the essential character. Although the dress has three well-made styling features (bust line, braid and a multiple layer front), it has flimsy construction of the neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

The applicable subheading for item numbers 6807826-828, United States Army Officer, item numbers 6807822-824, United States Army Infantry, and item numbers 6804116-118, Black Widow, 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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