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NY M80264




February 7, 2006

CLA-2-95:RR:NC:SP:225 M80264

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 January 28, 2006, 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 6808669, 6808670 and 6808671, Blue Hawaii, are three sizes of a textile costume set that consists of a dress, a skirt, a shirt, a hair clip and an ankle accessory, with the dress imparting the essential character. Although the dress has a well-made styling feature (raglan sleeve), well-made construction of the neck (turned neckline) and capped edges at the arms, it has flimsy construction of the seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Item numbers 6808518, 6808519 and 6808521, Mermaid, are three sizes of a textile costume set that consists of a dress, a shrug (a short jacket) and a hairclip, with the dress imparting the essential character. Although the dress has a well-made styling feature (a two layer bottom) and well-made construction of the waist, 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.

The applicable subheading for item numbers 6808669, 6808670 and 6808671, Blue Hawaii, and item numbers 6808518, 6808519 and 6808521, Mermaid, 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”).

We are unable to rule on item numbers 6808784, 6808597 and 6808598, Vampire, without the correct samples. Should you still wish a ruling on the Vampire costume, please submit the correct samples with your ruling request resubmission, along with the materials that we have returned to you.

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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