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NY M85242




July 25, 2006

CLA-2-95:RR:NC:SP:225 M85242

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
The Paper Magic Group
345 7th Avenue, 6th Floor
New York, NY 10001

RE: The tariff classification of costumes from China.

Dear Mr. Fragomeli:

In your letter dated July 14, 2006, you requested a tariff classification ruling.

You submitted the following costumes, which meet the flimsy, non-durable requirements of Chapter 95 and are being returned upon your request.

Item 6801257, Pumpkin Pie, is a textile costume set that consists of a jumpsuit and a hat, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling feature (gusset), a well-made neck and well-made elastics at the bottom, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801258, Mini Mischief, is a textile costume set that consists of a jumpsuit and a hood, with the jumpsuit imparting the essential character. Although the jumpsuit has three styling features (gusset and multiple layers on the front and tail), a well-made neck and well-made edges at the tail, it has flimsy seams, flimsy elastics at the arms and bottom, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

The applicable subheading for item 6801257, Pumpkin Pie, and item 6801258, Mini Mischief, 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”).

We are unable to rule on item 6801238, Bow Tie Baby, item 6801341, Pretty Kitty, and item 6801342, Panda Bear, without the correct costume samples. Should you still wish a ruling on these costumes, please submit the correct costume samples, along with the paper work that we have returned to you.

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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