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NY M82554




April 20, 2006

CLA-2-95:RR:NC:SP:225 M82554

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 300791, Boxer (Girl), is a textile costume set that consists of a pair of shorts and a robe, with the robe imparting the essential character. Although the robe has well-made construction of the neck and a well-made embellishment (belt loops), it has flimsy construction of the seams and flimsy edges at the arms, hem and closure.

Style 350422, Dark Star Ninja, is a textile costume set that consists of a jumpsuit, a hood, a mask and chest armor, with the jumpsuit imparting the essential character. Although the jumpsuit has well-made construction of the seams, it has flimsy construction of the neck and waist, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 300791, Boxer (Girl), and style 350422, Dark Star Ninja, 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 395003, High Style Witch Cape (Child), style 300781, Tattered Pirate Wench, and style 350380, Angelic Angel, without the correct samples of these costumes. Should you still wish rulings on these costumes, please submit the correct samples of these costumes 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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