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NY M84064




June 9, 2006

CLA-2-95:RR:NC:SP:225 M84064

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 June 2, 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 300636, Devil Lady, is a textile costume set that consists of a dress and horns, with the dress imparting the essential character. Although the dress has three styling features (a bust line and multiple layer sleeve and “flames”) and a well-made belt embellishment, it has a flimsy neck and seams and flimsy edges at the arms, hem, flames and sleeve.

Style 350478, Cami Soldier, is a textile costume set that consists of a shirt and pants, with the shirt imparting the essential character. Although the shirt has a well-made neck and well-made edges at the closure, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms and hem.

Style 350468, Magical Witch, is a textile costume set that consists of a dress, a sash and a hat, with the dress imparting the essential character. Although the dress has styling (multiple layer collar), a well-made edge at the top of the collar and a well-made web embellishment, it has a flimsy neck and seams and flimsy edges at the arms and hem.

The applicable subheading for style 300636, Devil Lady, style 350478, Cami Soldier, and style 350468, Magical Witch, 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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