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NY M80377




February 13, 2006

CLA-2-95:RR:NC:SP:225 M80377

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of costumes from China.

Dear Mr. Williams:

In your letter dated February 7, 2006, you requested a tariff classification ruling.

You submitted samples of the following costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned upon your request.

Style 81049, 82049 and 89049, Spider Witch, are three sizes of a textile costume set that consists of polyester knit fabric and nylon spider mesh dress and a belt, with the dress imparting the essential character. The unlined dress has flimsy construction, a flimsy hook and loop tab closure and flimsy edges at the arms, closure and hem.

Style 81057, 82057 and 89057, Sorceress, are three sizes of a textile costume comprised of a polyester knit fabric dress that is unlined and has flimsy construction, a flimsy string tie closure and flimsy edges at the arms, closure and hem.

Style 81058, 82058 and 89058, French Maid, are three sizes of a textile costume set that consists of a polyester knit fabric dress, a polyester woven satin apron and a headpiece, with the dress imparting the essential character. The dress is unlined and has flimsy construction, flimsy elastics at the neck and arms and a flimsy hook and loop closure.

Style 81059, 82059 and 89059, Witch, are three sizes of a textile costume set that consists of a polyester knit fabric and nylon spider mesh dress and a belt, with the dress imparting the essential character. The unlined dress has flimsy construction, a flimsy hook and loop tab closure and flimsy edges at the closure, arms and hem.

Style 81061, 82061 and 89061, Red Hot Devil, are three sizes of a textile costume set that consists of a red polyester knit fabric dress, a belt and a headpiece, with the dress imparting the essential character. The unlined dress has flimsy construction, a flimsy hook and loop tab closure and all edges are flimsy.

The applicable subheading for style 81049, 82049 and 89049, Spider Witch, style 81057, 82057 and 89057, Sorceress, style 81058, 82058 and 89058, French Maid, style 81059, 82059 and 89059, Witch, and style 81061, 82061 and 89061, Red Hot Devil, 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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