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NY M83583




May 22, 2006

CLA-2-95:RR:NC:SP:225 M83583

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 1, 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 89257, Barbie 12 Dancing Princess Dress, is a textile costume comprised of a dress. Although the dress has four styling features (sleeve, ruffles and multiple layer top and skirt), one well-made edge and three well-made embellishments (rick rack on sleeve and front and sequins), it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure, and flimsy edges at the arms, hem (on all layers except one), closure and ruffle.

Item 89289, Barbie 12 Dancing Princess Dress, is a textile costume set that consists of a dress and a tiara, with the dress imparting the essential character. Although the dress has four styling features (sleeve, ruffles and multiple layer top and skirt), one well-made edge and three well-made embellishments (rick rack on sleeve and front and sequins), it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure, and flimsy edges at the arms, hem (on all layers except one), closure and ruffle.

Item 89248, Barbie 12 Dancing Princess Ballet Set, is a textile costume set that consists of a tutu, slippers and a necklace, with the tutu imparting the essential character. Although the tutu has a styling feature (multiple layers), a well-made waist and one well-made edge at the hem, it has a flimsy hook and loop tab closure and a flimsy edge at the hem, two flimsy closure edges at the closure and a flimsy embellishment of roses.

Assortment 89291, Fairies Dress Assortment, is a textile costume assortment comprised of the same dress in four different colors. Although the dress has three styling features (wings, ruffles and multiple layer skirt), it has a flimsy neck, waist and seams, flimsy thin elastics at the arms and back, a flimsy hook and loop tab closure, flimsy edges at the arms, hem and closure and flimsy butterfly embellishments.

The applicable subheading for item 89257, Barbie 12 Dancing Princess Dress, item 89289, Barbie 12 Dancing Princess Dress, item 89248, Barbie 12 Dancing Princess Ballet Set, and assortment 89291, Fairies Dress Assortment, 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”).

We are unable to rule on item 89247, Barbie 12 Dancing Princess Dress, without the correct sample. Should you still wish a ruling on this costume, please submit the correct sample along with the paper work that we have returned to you.

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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