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NY M82000





April 4, 2006

CLA-2-95:RR:NC:SP:225 M82000

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

RE: The tariff classification of costumes from China and Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated March 17, 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 to you upon your request.

Style 390304, Dark Temptress Cape (Adult), is a textile costume comprised of a black cape that has a well-made neck and a well-made embellishment (metal head adornment), but has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the hem, closure and hood.

Style 350420, Bull Rider (Child), is a textile costume set that consists of a vest and chaps, with the vest imparting the essential character. Although the vest has well-made construction of the seams, it has flimsy construction of the neck, a flimsy hook and loop tab closure and a flimsy edge at the arm.

Style 390302, Ghost Cape (Adult), is a textile costume that consists of a cape that has well-made construction of the neck, but has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the hem, closure and hood.

Style 350433, Deluxe Dark Star Ninja (Child), is a textile costume set that consists of a well-made styling feature (gusset) and well-made edges at the arms and ankles, but has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and a flimsy edge at the closure.

The applicable subheading for style 390304, Dark Temptress Cape (Adult), style 350420, Bull Rider (Child), style 390302, Ghost Cape (Adult), and style 350433, Deluxe Dark Star Ninja (Child), will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTUS), 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”).

We are unable to rule on style 350473, Buccaneer Girl (Child) without the correct sample of the costume. Should you still wish a ruling on this costume, please submit the correct sample of this costume along with the paper work 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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