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NY M85117




July 21, 2006

CLA-2-95:RR:NC:SP:225 M85117

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ken August
FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of costumes from China.

Dear Mr. August:

In your letter dated July 14, 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.

Teen Complete 3D Zombie is a textile costume set that consists of a woven cotton shirt and pants, with polyvinyl chloride (PVC) panels representing bones sewn into the garments, PVC gloves and a PVC face mask, with the shirt imparting the essential character. Although the shirt has PVC panels sewn into the chest and sleeves, it has flimsy construction at the neck and inside seams, a flimsy hook and loop closure and flimsy edges at the hem, arms and closure. This costume will be imported in the following versions: 1652–Teen size, which is packaged in a polybag with a printed insert.1652H –Teen size, which is packaged on a hanger with a printed insert

Teen Angel Fairy is a textile costume set that consists of a knit polyester dress, a rope belt that is tacked on, an apron, shoulder tatters, wings, a wand and a halo headpiece. The dress imparts the essential character to the costume. The dress has a styling feature in the piece of elastic sewn to the front that creates a bust line, flimsy visible overlock stitching construction at the neck and flimsy construction of the waist and inside seams. The bottom edge is raw cut and the armholes are finished with visible overlock stitching. This costume will be imported in the following versions: 1691–Teen size, which is packaged in a polybag with a printed insert. 1691H – Teen size, which is packaged on a hanger with a printed insert

Eternal Vampiress is a textile costume set that consists of a knit polyester dress and a separate corset, with the dress imparting the essential character. Although it has a multiple layer collar and well-made construction of the neck, it has flimsy construction of the waist and inside seams, a flimsy hook and loop tab closure and flimsy edges at the hem, sleeves and closure. This costume will come in the following versions: 5136 – Adult size, packaged in a polybag with a printed insert. 5136H – Adult size, which is packaged on a hanger with a printed insert. 5784 – Plus size adult size, which is packaged in a polybag with a printed insert. 5784H – Plus size Adult, which is packaged on a hanger with a printed insert

Jesus Costume is a textile costume set that consists of a knit polyester robe, a knit polyester drape and a crown of thorns headpiece, with the robe imparting the essential character. The unlined robe has flimsy seams, a flimsy string tie closure at the back of the neck and raw edges at the hem, closure and sleeves. This costume will be imported in the following versions: 5136 – Adult size, which is packaged in a polybag with a printed insert. 5136H – Adult size, which is packaged on a hanger with a printed insert.

Promotional Santa Suit is a textile costume set that consists of a 100% knit polyester fabric top, a pair of knit polyester fabric pants, a Santa hat, a belt, a pair of knit polyester gloves, black vinyl pleather boot tops with white faux fur trim and a white nylon Santa beard, with the top imparting the essential character. The red top is decorated with white polyester pile faux fur at the neck, down the center of the chest, at the cuffs and at the hem. Although the top has a styling feature (multiple layers at the collar), a well-made neck, well-made edges at the top of the collar and a well made belt embellishment, it has flimsy construction of the seams, a flimsy hook and loop tab closure and raw cut edges at the arms, hem and closure. This costume will be imported in the following versions: 7510Q – Plus Size, which is packaged in a polybag with a printed insert. 7560 – Child Size, which is packaged in a polybag with a printed insert.

The applicable subheading for the costumes described above 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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