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NY M84284





June 16, 2006

CLA-2-95: RR: NC: SP: 225 M84284

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 5, 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 2804, Street Mime, is a textile costume set that consists of a top, a tie, a brooch and a mask, with the top imparting the essential character. The top has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 2507, Dashing Devil, is a textile costume set that consists of a jumpsuit and a hooded cape, with the cape imparting the essential character. Although the cape has styling (horns), a well-made neck and well-made edges at the horns, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Style 1205, Classic Vampire, is a textile costume set that consists of a jumpsuit and a cape, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made belt embellishment, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 2506, Little Count, is a textile costume set that consists of a jumpsuit and a cape with attached vest, with the cape imparting the essential character. The cape has a flimsy neck and flimsy seams and a flimsy string tie closure and flimsy edges at the hem and closure.

The applicable subheading for style 2804, Street Mime, style 2507, Dashing Devil, style 1205, Classic Vampire, and style 2506, Little Count, 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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