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NY M81172





March 16, 2006

CLA-2-95:RR:NC:SP:225 M81172

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. David Schary
Lauren Lee Ltd.
149 West 36th Street 3rd Floor
New York, NY 10018

RE: The tariff classification of costumes from China.

Dear Mr. Schary:

In your letter dated March 9, 2006, you requested a tariff classification ruling.

You have requested rulings on the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned upon your request.

Item numbers 7905177 and 7905183, Small and Large Zorro - 4PC, are two sizes of a black textile costume that consists of a cape, a shirt, a pair of pants, a mask and a belt, with the cape imparting the essential character. Although the cape has a well-made styling feature (two layers) and well-made seams, it has flimsy construction of the neck, a flimsy string tie closure and flimsy edges at the hem and closure.

Item numbers 7899677 and 7899719, Small and Large Medieval Burgandy Princess 1 - PC, are two sizes of a textile costume comprised of a burgundy colored dress with gold cord. Although the dress has a well-made styling feature (sleeves) and well-made edges at the hem, it has flimsy construction of the neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms and closure.

Item numbers 7900244 and 7900301, Small and Large Spiderella - 2PC, are two sizes of a black textile costume with a spider web pattern that consists of a dress and slip, with the dress imparting the essential character. Although the dress has a well-made styling feature (sleeves) and a well-made closure, it has flimsy construction of the neck and seams.

Item number 7894637, Adult Nun - 3PC, is a textile costume that consists of a dress, a dickie and a hood, with the dress imparting the essential character. The dress has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item numbers 7922669 and 7922693, Angel 4 - PC, are two sizes of a textile costume that consists of a dress, a slip, a pair of wings and a halo, with the dress imparting the essential character. Although the dress has a well-made styling feature (a two layer belt) and well-made construction of the waist, it has flimsy construction of the neck and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

The applicable subheading for item numbers 7905177 and 7905183, Small and Large Zorro - 4PC, item numbers 7899677 and 7899719, Small and Large Medieval Burgandy Princess 1 - PC, item numbers 7900244 and 7900301, Small and Large Spiderella - 2PC, item number 7894637, Adult Nun - 3PC, and item numbers 7922669 and 7922693, Angel 4 - PC, 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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