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NY M84005




June 7, 2006

CLA-2-95:RR:NC:SP:225 M84005

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 and Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated May 30, 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.

Style 300756, Medieval Princess, is a textile costume set that consists of a dress, boot covers, a tiara and a corset, with the dress imparting the essential character. Although the dress has three styling features, a well-made waist and well-made elastics at the arms, it has a flimsy neck and seams, flimsy hook and loop and string tie closures and flimsy edges at the arms, hem and closure.

Style 350414, Pirate Girl, is a textile costume set that consists of a top, a skirt, a scarf and bloomers, with the top imparting the essential character. Although the top has two styling features (closure and multiple layers) and a well-made belt embellishment, 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, closure and arm layer.

The applicable subheading for style 300756, Medieval Princess, and style 350414, Pirate Girl, 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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