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NY M83567





May 26, 2006

CLA-2-95:RR:NC:SP:225 M83567

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Geoffrey Greenberg
Creative Design Int’l Ltd.
207-208 East Pennsylvania Blvd.
Feasterville, PA 19053

RE: The tariff classification of costumes from China.

Dear Mr. Greenberg:

In your letter dated May 10, 2006, you requested a tariff classification ruling.

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

Item 61726, Cinderella Dress, is a textile costume comprised of a dress. Although the dress has four styling features (two layer trim on peplum, raglan sleeves, and multiple layers on the front and skirt), one well-made edge and three well-made embellishments (brooch and rick rack on the top and skirt), it has a flimsy neck, waist and seams, flimsy thin elastics at the arms and back, a flimsy hook and loop tab closure, two flimsy embellishments (bow and beads on skirt) and the majority of edges are flimsy.

Item 61727, Sleeping Beauty Dress, is a textile costume comprised of a dress. Although the dress has five styling features (raglan sleeves, voluminous fabric and multiple layers on the front, skirt and collar), a well-made neck and four embellishments (brooch and rick rack on the sleeve, front and skirt), it has flimsy construction of the waist and seams, flimsy thin elastics on the arms and back, a flimsy hook and loop closure and flimsy edges at the arms, hem, closure and collar.

Item 61728, Belle Dress, is a textile costume comprised of a dress. Although the dress has four styling features (darts and multiple layers on the skirt, front and sleeve), a well-made edge on the shawl and four well-made embellishments (brooch, rick rack on the top and skirt and sequins on the skirt), it has a flimsy neck, waist and seams, flimsy thin elastics at the arms and back, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 61530, Snow White Dress, is a textile costume set that consists of a dress and a cape, with the dress imparting the essential character. Although the dress has three styling features (multiple layers of the skirt, sleeve and front), a well-made ribbon sleeve edge and three well-made embellishments (brooch and rick rack on the top and skirt), it has a flimsy neck, waist and seams, flimsy thin elastics at the arms and back, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 89203, Police Officer Playwear, is a textile costume set that consists of a top, hat, badge, police banner, tickets, whistle, sunglasses, handcuffs and key, with the top imparting the essential character. Although the top has a styling feature (multiple layer front) and a well-made embellishment (badge), it has a flimsy neck and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

The applicable subheading for item 61726, Cinderella Dress, item 61727, Sleeping Beauty Dress, item 61728, Belle Dress, item 61530, Snow White Dress, and item 89203, Police Officer Playwear, 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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