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NY M84459




June 27, 2006

CLA-2-95: RR: NC: SP: 225 M84459

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 12, 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 1807, Phoenix Ninja, is a textile costume set that consists of a jumpsuit and hood, with the jumpsuit imparting the essential character. Although the jumpsuit has four styling features, two well-made edges 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, ankles, closure and apron.

Style 1513, Princess, is a textile costume set that consists of a dress and tiara, with the dress imparting the essential character. Although the dress has multiple layer styling, it has a flimsy neck, waist and seams and flimsy edges at the hem.

Style 3811, Black Panne Velvet Hooded Robe, is a textile costume comprised of a cape with an attached hood that has a flimsy neck and seams, a flimsy string tie closure and flimsy edges at the hem and closure.

Style 2514, Scaredy Bat, is a textile costume comprised of a jumpsuit with attached wings and a bat hood. Although the jumpsuit has two styling features (raglan sleeves and wings) and a well-made neck, it has flimsy seams, flimsy thin elastics at the ankles, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles, closure and wings.

Style 2512, Kute Kitten, is a textile costume set that consists of a jumpsuit, detachable tail and a headband, with the jumpsuit imparting the essential character. Although the jumpsuit has a dropped waist styling feature, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

The applicable subheading for style 1807, Phoenix Ninja, style 1513, Princess, style 3811, Black Panne Velvet Hooded Robe, style 2514, Scaredy Bat, and style 2512, Kute Kitten, 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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