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NY M84908





July 13, 2006

CLA-2-95:RR:NC:SP:225 M84908

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Geoffrey Greenberg
Creative Design Int’l Ltd.
207-208 East Pennsylvania Blvd.
Feasterville, PA 19053

RE: The tariff classification of costumes from China.

Dear Mr. Greenberg:

In your letter dated June 22, 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.

Item 61738, Disney Fairies Prilla Dress, is a textile costume set that consists of a dress and wings, with the dress imparting the essential character. Although the dress has two styling features (multiple layer skirt and sleeve), well-made edges at the hem and three well-made embellishments (a brooch and sequins at the top and bottom), it has flimsy construction of the neck, waist and seams, flimsy elastic on the back, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 61739, Disney Fairies Prilla Dress, is a textile costume set that consists of a dress and wings, with the dress imparting the essential character. Although the dress has two styling features (multiple layer skirt and a gathered sleeve) and five well-made embellishments (a brooch, sequins on top and a ribbon on the top, sleeve and bottom), it has flimsy construction of the neck, waist and seams, flimsy elastic on the back, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 61740, Disney Fairies Lily Dress, is a textile costume set that consists of a dress and wings, with the dress imparting the essential character. Although the dress has three styling features (multiple layer skirt and sleeve and a curled hem), well-made edges at the sleeve, three well-made embellishments (a brooch and sequins at the top and bottom) and a well-constructed waist, it has flimsy construction of the neck and seams, flimsy elastic on the back, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Item 67923, Disney Fairies Dress Assortment, is a textile costume assortment that consists of the three textile costumes described above.

The applicable subheading for item 61738, Disney Fairies Prilla Dress, item 61739, Disney Fairies Prilla Dress, item 61740, Disney Fairies Lily Dress, and item 67923, Disney Fairies Dress Assortment, 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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