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NY L89658




January 13, 2006

CLA-2-95:RR:NC:SP:225 L89658

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 30, 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 6808496, 6808497 and 6808498, Zombie Cheerleader, are three sizes of a textile costume set that consists of a polyester top, skirt, glovelette, leg warmers and plastic pom poms, with the top imparting the essential character. Although the top has a well-made styling feature (sleeves) and well-made construction of the neck, it has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the hem and closure.

Item numbers 6808512-6808517, Overlord Robe, are six sizes of a textile costume comprised of a polyester robe. Although the robe has a well-made grommet closure and two well-made embellishments (tape on the sleeves and front), it has flimsy construction of the neck, waist and seams and flimsy edges at the arms, hem, closure and collar.

Item numbers 6808487, 6808488 and 6808489, Dr. Insano, are three sizes of a textile costume set that consists of a vinyl coat, mask and tube of blood, with the coat imparting the essential character. Although the coat has a well-made closure of buckets, it has flimsy construction of the neck and seams.

Item numbers 6804186, 6804187 and 6804188, Rustler, are three sizes of a textile costume set that consists of a polyester vinyl coat, a capelet, a hat and a bandana, with the coat imparting the essential character. Although the coat has a well-made styling feature (a two layer collar), well-made construction of the neck and a well-made closure of buckets, it has flimsy construction of the seams and flimsy edges at the arms, closure and collar.

Item numbers 6804217, 6804218 and 6804219, Shanghai Cutie Pie, are three sizes of a textile costume that consists of a polyester satin top and pants and a plastic purse, with the top imparting the essential character. Although the top has a well-made styling feature (bust darts), well-made construction of the neck and two well-made embellishments (a frog and a belt), it has flimsy construction of the seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for item numbers 6808496, 6808497 and 6808498, Zombie Cheerleader, item numbers 6808512-6808517, Overlord Robe, item numbers 6808487, 6808488 and 6808489, Dr. Insano, item numbers 6804186, 6804187 and 6804188, Rustler, and item numbers 6804217, 6804218 and 6804219, Shanghai Cutie Pie, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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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