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NY M85954




August 30, 2006

CLA-2-95:RR:NC:SP:225 M85954

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 August 9, 2006, you requested a tariff classification ruling.

You submitted the following costumes, which meet the flimsy requirements for classification within Chapter 95 and are being returned upon your request.

Item 6801171S, 6801172M, 6801173L, Little Princess Blu, is a textile costume set that consists of a dress, an apron and a tiara, with the dress imparting the essential character. Although the dress has a well-made ribbon and hook closure, a well-made closure edge and well-made rick rack embellishments on its front and sleeves, it has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and hem.

Item 6801174S, 6801175M, 6801176L, Gothic Witch, is a textile costume set that consists of a dress, an overskirt and a hat, with the dress imparting the essential character. Although the dress has a styling feature (sleeve insert), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 6801177S, 6801178M, 6801179L, Gypsy, is a textile costume set that consists of a dress, a scarf and a belt, with the dress imparting the essential character. Although the dress has a styling feature (raglan sleeves) and a well-made waist, it has a flimsy neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 6801383S, 6801384M, 6801385L, Sassy Pirate, is a textile costume set that consists of a dress, a scarf and a belt, with the dress imparting the essential character. Although the dress has a styling feature (multiple layer patch), a well-made neck and waist and a well-made embellishment of stitches, it has flimsy seams, flimsy thin elastics at the arms, a flimsy string tie closure and flimsy edges at the arms, hem, closure and patch.

The applicable subheading for item 6801171S, 6801172M, 6801173L, Little Princess Blu, item 6801174S, 6801175M, 6801176L, Gothic Witch, item 6801177S, 6801178M, 6801179L, Gypsy, and item 6801383S, 6801384M, 6801385L, Sassy Pirate, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HSTUS), 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 6801180S, 6801181M, 6801182L, Tatters the Ghost, without the correct sample of the costume. Should you still wish a ruling on this costume, please submit the correct sample along with the material 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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