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NY M82560




April 18, 2006

CLA-2-95:RR:NC:SP:225 M82560

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. David Kislevitz
Christys’ by Design
183 Valley Road
River Edge, NJ 07661

RE: The tariff classification of costumes from China.

Dear Mr. Kislevitz:

In your letter dated April 12, 2006, you requested a tariff classification ruling.

You submitted the following costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 of the Harmonized Tariff Schedule (HTUS).

CST-184, Flame Devil, is a textile costume set that consists of a dress made of 100% woven polyester, horns and a wand, with the dress imparting the essential character. Although the dress has a styling feature (a multi layer skirt), it has flimsy construction of the waist, neck and inside seams and flimsy edges on the sleeves and the hem of the dress. The costume will be imported on a hanger.

CST-138, Holographic Bat Princess, is a textile costume set that consists of a 100% woven polyester dress and an eye mask, with the dress imparting the essential character. Although the dress has two styling features (mutton sleeve and multi layers), it has flimsy construction of the waist, neck and inside seams and flimsy edges on the petals, sleeves and hem. The costume will be imported on a hanger.

The applicable subheading for CST-184, Flame Devil, and CST-138, Holographic Bat Princess, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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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