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NY M83228




May 22, 2006

CLA-2-95: RR: NC: SP: 225 M83228

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 May 2, 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 4314, Lord Rameses, is a textile costume set that consists of a robe, head drape, vinyl mask, shoulder pieces and vinyl chest piece, with the robe imparting the essential character. Although the robe has a styling feature (multiple layers), it has a flimsy neck and seams, a flimsy hook and loop tab and flimsy edges at the arms, hem, closure and second layer.

Style 4316, Lord Demon, is a textile costume set that consists of a jacket, mask, dickie and vinyl hands, with the jacket imparting the essential character. Although the jacket has a well-made neck, well-made edges at the closure and well-made rick rack embellishments, it has flimsy seams and flimsy edges at the arms and hem.

Style 4318, Lord High Seas, is a textile costume set that consists of a jacket, sash, head scarf, dickie, chest piece and vinyl mask, with the jacket imparting the essential character. Although the jacket has a well-made neck and two well-made rick rack embellishments, it has flimsy seams, and flimsy edges at the arms, hem and closure.

Style 4319, Warrior Lord, is a textile costume set that consists of a robe, shoulder piece and vinyl mask, with the robe imparting the essential character. Although the robe has a styling feature (multiple layers), it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem, closure and second layer.

Style 1353, Tangled Hooded Robe, is a textile costume set that consists of a hooded robe, vinyl mask and a cleaver, with the robe imparting the essential character. Although the robe has two styling features (multiple layer sleeves and front), it has a flimsy neck and seams, flimsy thin elastics at the arms and hood, a flimsy hook and loop tab closure and flimsy edges at the arms and hem.

The applicable subheading for style 4314, Lord Rameses, style 4316, Lord Demon, style 4318, Lord High Seas, style 4319, Warrior Lord, and style 1353, Tangled Hooded Robe, 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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