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NY M83934




June 12, 2006

CLA-2-95:RR:NC:SP:225 M83934

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 June 5, 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 89189, Cowboy Playwear, is a textile costume set that consists of a vest, a handkerchief, a hat, a pair of boot covers and a badge, with the vest imparting the essential character. Although the vest has styling (badge holder), it has flimsy construction and flimsy edges.

Item 89204, Fireman Playwear, is costume set that consists of a jacket, a hat, a pair of boot covers, a fake phone, a fake fire extinguisher, a fake axe and a badge, with the jacket imparting the essential character. The jacket is made of a non-textile material (plastic) and therefore precluded from classification as textile wearing apparel of Chapter 61 or 62.

The applicable subheading for item 89189, Cowboy Playwear, and item 89204, Fireman 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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