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NY M83667




May 23, 2006

CLA-2-95: RR: NC: SP: 225 M83667

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 2462, Ahoy Matey, is a textile costume set that consists of a dress, collar, petticoat and hat, with the dress imparting the essential character. Although the dress has two styling features (multiple panel skirt and multiple layer skirt), well-made edges at the hem, and four well-made embellishments (buttons, a belt and sequins on the front and sleeve), the dress has a flimsy neck, waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms and closure.

Style 2463, Little Bo Peep, is a textile costume set that consists of a dress, apron, bonnet and staff, with the dress imparting the essential character. Although the dress has two styling features (raglan sleeves and a multiple layer skirt), a well-made waist, a sewn-in textile tab closure and well-made edges at the hem and closure, it has a flimsy 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 2464, Hot Rod Honey, is a textile costume set that consists of a top, skirt and scarf, with the top imparting the essential character. Although the top has a styling feature (bust line), it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 2465, Hokiss Pokiss, is a textile costume set that consists of a dress and a hat, with the dress imparting the essential character. Although the dress has two styling features (bust line and a multiple layer skirt), a well-made neck, well-made edges at the arms and two well-made embellishments (a belt and a bow), it has flimsy waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

The applicable subheading for style 2462, Ahoy Matey, style 2463, Little Bo Peep, style 2464, Hot Rod Honey, and style 2465, Hokiss Pokiss, 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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