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NY M82553





April 20, 2006

CLA-2-95:RR:NC:SP:225 M82553

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 April 5, 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 300874 Weathered Pirate Shirt, is a textile costume comprised of a shirt. Although the shirt has well-made construction of the neck, it has flimsy construction of the seams, flimsy thin elastics at the arms, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Style 350427, Modern Vampiress, is a textile costume set that consists of a jacket and a skirt, with the jacket imparting the essential character. Although the jacket has a styling feature (multiple layer cuffs), a well-made closure (excessive hook and loop) and well-made edges at the arms, it has flimsy construction of the neck and seams and flimsy edges at the hem and closure.

Style 300820, Dark Lord (Adult), is a textile costume comprised of a coat. Although the coat has a styling feature (multiple layer sleeve), well-made construction of the neck and a well-made embellishment (chains), it has flimsy construction of the seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 300819, Victorian Vampire, is a textile costume set that consists of a jacket and a vest, with the jacket imparting the essential character. Although the jacket has well-made construction of the neck, it has flimsy construction of the seams and flimsy edges at the hem and closure.

The applicable subheading for style 300874 Weathered Pirate Shirt, style 350427, Modern Vampiress, style 300820, Dark Lord (Adult), and style 300819, Victorian Vampire, 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 300731, Trendy Witch Corset, without the correct sample of this 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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