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NY L89735




January 12, 2006

CLA-2-95:RR:NC:SP:225 L89735

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 6804214, 6804215 and 6804216, Charleston Chick, are three sizes of a textile costume set that consists of a polyester dress and headband, with the dress imparting the essential character. Although the dress has well-made elastics and well-made edges at the arms and a well-made embellishment (fringe), it has flimsy construction of the neck and seams, a flimsy hook and loop closure and flimsy edges at the hem and closure.

Item numbers 6808475, 6808476 and 6808477, Blood Sucker, are three sizes of a textile costume that is comprised of a vinyl coat. Although the coat has a well-made styling feature (sleeves) and a well-made embellishment (buttons), it has flimsy construction of the neck, waist and seams and a flimsy hook and loop tab closure.

Item numbers 6804196, 6804197 and 6804198, Rodeo Rosey, are three sizes of a textile costume set that consists of a polyester dress, a crinoline, a hat and a vest, with the dress imparting the essential character. Although the dress has a well-made styling feature (puff sleeves) and well-made edges at the arms, it has flimsy construction of the neck, waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Item numbers 6808490, 6808491 and 6808492, The Angel Grace, are three sizes of a textile costume set that consists of a polyester dress, skirt, sleeves, boot covers, a halo and a pair of wings, with the dress imparting the essential character. Although the dress has a well-made embellishment (sequins), it has flimsy construction of the neck and seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808506, 6808507 and 6808508, Cutlass the Pirate, are three sizes of a textile costume that consists of a polyester vinyl coat, a hat and a belt, with the coat imparting the essential character. Although the coat has a well-made styling feature (collar), well-made construction of the neck, well-made edges at the collar, and two well-made embellishments (buttons and rick rack), 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 6804214, 6804215 and 6804216, Charleston Chick, item numbers 6808475, 6808476 and 6808477, Blood Sucker, item numbers 6804196, 6804197 and 6804198, Rodeo Rosey, item numbers 6808490, 6808491 and 6808492, The Angel Grace, and item numbers 6808506, 6808507 and 6808508, Cutlass the Pirate, 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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