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NY M84286




June 16, 2006

CLA-2-95: RR: NC: SP: 225 M84286

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 3623, Witch, is a textile costume set that consists of a dress, a hat, a shawl and an apron, with the dress imparting the essential character. Although the dress has styling (bust line), it has a flimsy neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

Style 3518 Geisha, is a textile costume set that consists of a robe, a belt and two chopsticks, with the robe imparting the essential character. Although the robe has styling (sleeve) and a well-made neck, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 1808, Ice Wolf Ninja, is a textile costume set that consists of a jumpsuit and a hood, with the jumpsuit imparting the essential character. Although the jumpsuit has four styling features, flimsy edges at the belt and feet and 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, closure and apron.

Style 1804, Bat Ninja, is a textile costume set that consists of a jumpsuit and a hood, with the jumpsuit imparting the essential character. Although the jumpsuit has four styling features, flimsy edges at the belt and feet and 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, closure and apron.

Style 1873, Blade Ninja, is a textile costume set that consists of a jumpsuit, a buckle and a chest piece, with the jumpsuit imparting the essential character. The jumpsuit has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 3623, Witch, style 3518 Geisha, style 1808, Ice Wolf Ninja, style 1804, Bat Ninja, and style 1873, Blade Ninja, 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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