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NY M83411





May 16, 2006

CLA-2-95: RR: NC: SP: 225 M83411

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 3533, Clown, is a textile costume set that consists of a jumpsuit and a hat, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made neck (capping) and well-made embellishments (pom poms), it has flimsy seams, flimsy thin elastics at the arms and bottom, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 3538, Seven Seas Mate, is a textile costume set that consists of a jumpsuit with an attached vest and a sash, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling feature (multiple layer vest) and a well-made grommet closure, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem, closure and vest.

Style 3539, Cauldron Witch, is a textile costume set that consists of a dress and a witch hat, with the dress imparting the essential character. Although the dress has two styling features (bust line and multiple layers) and a well-made embellishment (sewn-on belt), it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and closure.

Style 3540, Nurse, is a textile costume set that consists of a dress and a hat, with the dress imparting the essential character. The dress has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 3630, Voluptuous Vampira, 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 vest), a well-made grommet closure and well-made edges at the vest and closure, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 3533, Clown, style 3538, Seven Seas Mate, style 3539, Cauldron Witch, style 3540, Nurse, and style 3630, Voluptuous Vampira, 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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