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NY M83049




May 3, 2006

CLA-2-95: RR: NC: SP: 225 M83049

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Maria Johnson
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of costumes from China.

Dear Ms. Johnson:

In your letter dated April 17, 2006, you requested a tariff classification ruling.

You submitted the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned upon your request.

Style 2028, Mischievous Maiden, is a textile costume set that consists of a dress and a hat, with the dress imparting the essential character. Although the dress has a well-made closure and a well-made sleeve accessory embellishment, it has flimsy construction of the neck and seams, and flimsy edges at the arms and hem.

Style 2029, Dark Knight, is a textile costume set that consists of a tunic, cape and a chest piece, with the tunic imparting the essential character. The tunic has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Style 2027, Snow Flake Princess, is a textile costume set that consists of a dress and a collar, with the dress imparting the essential character. Although the dress has a styling feature (multiple layer skirt), well-made edges at the hem and well-made rick rack embellishment, it has flimsy construction of the neck, waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 2026, Fancy Feline, is a textile costume set that consists of a top, pants, glovelettes and a headpiece, with the top imparting the essential character. The top has flimsy construction of the neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 2299-FE, Golden Angel, is a textile costume set that consists of a dress, an overskirt, wings and a halo, with the dress imparting the essential character. Although the dress has a styling feature (raglan sleeves), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

The applicable subheading for style 2028, Mischievous Maiden, style 2029, Dark Knight, style 2027, Snow Flake Princess, style 2026, Fancy Feline, and style 2299-FE, Golden Angel, 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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