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NY M83712





May 30, 2006

CLA-2-95: RR: NC: SP: 225 M83712

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

RE: The tariff classification of costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated May 17, 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 300768, Shower Curtain, is a textile costume set that consists of a curtain, a frame and wings, with the curtain imparting the essential character. The curtain has a flimsy closure and flimsy edges at the top, bottom and closure.

Style 300844, Fairy, is a textile costume set that consists of a blouse, a corset, a headband, a skirt and wings, with the corset imparting the essential character. The corset has two styling features, well-made grommet closure, well-made edges at the closure and a well-made belt embellishment, but it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 300831, Big Money Pimp, is a textile costume set that consists of a jacket, pants and a hat, with the jacket imparting the essential character. The jacket has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 300870, Coffin, is a textile costume set that consists of a coffin worn similar to a hooded robe and a frame, with the coffin imparting the essential character. The coffin has a well-made neck, but flimsy seams and flimsy edges at the hem and hood.

Style 300871, Date Me.Com, is a textile costume set that consists of a sign with the words “Date Me.Com” and a frame, with the sign imparting the essential character. The sign has a styling feature, but a flimsy neck and flimsy edges at the bottom. The applicable subheading for style 300768, Shower Curtain, style 300844, Fairy, style 300831, Big Money Pimp, style 300870, Coffin, and style 300871, Date Me.Com 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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