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NY M84281




June 16, 2006

CLA-2-95: RR: NC: SP: 225 M84281

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 June 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 1270, Brain Washed, is a textile costume set that consists of a robe, mask and headpiece, with the robe imparting the essential character. Although the robe has styling (collar) and well-made edges at the collar, it has a flimsy neck and seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Style 1181, Alluring Leopard, is a textile costume set that consists of a halter top, pants, headpiece and glovelettes, with the halter top imparting the essential character. Although the top has a well-made neck well-made marabou embellishments, it has flimsy seams, flimsy elastic on the back, a flimsy string tie closure and flimsy edges at the arms and hem.

Style 1151, Sexy Surgeon, is a textile costume set that consists of a dress with attached lab coat and plastic stethoscope, with the dress imparting the essential character. Although the dress has styling (multiple layer front), a well-made neck and well-made edges at the closure and neck, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 1171, Sexy Hooded Robe, is a textile costume comprised of a robe that has styling (bust line), a well-made neck and a well-made belt embellishment, but has a flimsy waist and seams and flimsy edges at the arms, hem and hood.

The applicable subheading for style 1270, Brain Washed, style 1181, Alluring Leopard, style 1151, Sexy Surgeon, and style 1171, Sexy Hooded Robe 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”).

We are unable to rule on style 1141, Athena, without the correct sample. Should you still wish a ruling on this costume, please submit the correct sample with the returned paper work.

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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