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NY L89448




December 29, 2005

CLA-2-95:RR:NC:SP:225 L89448

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 15, 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:

Ninja Hero is a textile costume that consists of a polyester jumpsuit, a drape and a hood, with the jumpsuit imparting the essential character. Although the jumpsuit has two well-made styling features (multiple layered sleeves and legs) and well-made construction of the neck, it has flimsy construction of the waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles, closure and the top of the collar. The costume will be imported in various colors and sizes under the following item numbers: 6808420, 6808421, 6804228, 6804229 and 6804231-236.

Medieval Hero is a textile costume that consists of a polyester jumpsuit, a tunic, boot covers and a crown, with the tunic imparting the essential character. Although the tunic has well-made construction of the neck (capping), it has flimsy construction of the waist and seams and flimsy edges at the arms and hem. The costume will be imported in various colors and sizes under the following item numbers: 6808418, 6808419, 6804237, 6804238, 6804242-249 and 6804251.

Princess of Arabia is a textile costume that consists of a polyester jumpsuit, a bolero, a hat and an apron, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made styling feature (two layer straps), well-made construction of the waist and well-made edges at the arms, it has flimsy construction of the neck and seams, flimsy elastics and raw edges at the ankles. The costume will be imported in various colors and sizes under the following item numbers: 6808410, 6808411, 6808458-460, 6808657-659, 6808461-465, 6808565 and 6808566.

Nurse is a textile costume that consists of a polyester dress and hat, with the dress imparting the essential character. Although the dress has well-made construction of the neck (capping) and a well-made embellishment (piping), it has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure. The costume will be imported in various colors and sizes under the following item numbers: 6808412, 6808413 and 6808466-468.

Blue Hawaii is a textile costume that consists of a polyester spandex dress, a shirt, a plastic skirt and a fake flower, with the dress imparting the essential character. The dress has flimsy construction of the neck and seams, a flimsy hook and loop tab and flimsy edges at the arms, hem and closure. The costume will be imported in various colors and sizes under the following item numbers: 6808493-495.

The applicable subheading for the Ninja Hero, Medieval Hero, Princess of Arabia, Nurse and Blue Hawaii costumes described above in their colors and sizes 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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