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NY M82270





May 5, 2006

CLA-2-95:RR:NC:SP:225 M82270

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a “Mickey Ear Hat” from China.

Dear Mr. Maher:

In your letter dated April 15, 2006, on behalf of your client, Hoop Retail Store LLC, you requested a tariff classification ruling.

You submitted a sample of a “Mickey Ear Hat” identified as style number F31334000, which is being returned upon your request. The item consists of a beanie-type hat of black textile material onto which two black plastic ears have been affixed near the crown of the hat to simulate the appearance of the ears of the Walt Disney character, Mickey Mouse. The beanie is also trimmed with black plastic binding along the bottom edge. The beanie functions to hold up the ears and its intended for use as a costume for the Halloween holiday or on other occasions.

The applicable subheading for the “Mickey Ear Hat” identified as style number F31334000 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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