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NY M86057




August 29, 2006

CLA-2-95:RR:NC:SP:225 M86057

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, non-durable requirements of Chapter 95 and are being returned upon your request.

Item 6801558S, 6801559M, 6801560L, 68014971X and 68014982X, Geisha, is a textile costume set that consists of a dress and a bow, with the dress imparting the essential character. Although the dress has multiple layer collar styling, a well-made turned neck, a well-made waist and a well-made belt embellishment, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem, closure and collar.

Item 6801563S, 6801564M, 6801565L, 6801345S, 6801346M and 6801347L, Broken Doll, is a textile costume set that consists of a dress and tights, with the dress imparting the essential character. Although the dress has multiple layer collar styling, a well-made neck and well-made stitch embellishments at the arm and body, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Item 6801183S, 6801184M and 6801185L, Cruel Ghoul, is a textile costume set comprised of a robe with a hood. Although the robe has styling (multiple layer front), a well-made neck and well-made edges at the hood, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom, closure and front patch.

Item 6801186S, 6801187M and 6801188L, Fang, is a textile costume set that consists of a jumpsuit and a cape, with the cape imparting the essential character. The cape has a flimsy neck, a flimsy hook and loop tab closure and flimsy edges at the bottom and closure.

Item 6801196S, 6801197M and 6801198L, Surgeon, is a textile costume set that consists of a hat, a shirt, pants, a mask and a stethoscope, with the shirt (top) imparting the essential character. The shirt (top) has a flimsy neck, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

The applicable subheading for item 6801558S, 6801559M, 6801560L, 68014971X and 68014982X, Geisha, item 6801563S, 6801564M, 6801565L, 6801345S, 6801346M and 6801347L, Broken Doll, item 6801183S, 6801184M and 6801185L, Cruel Ghoul, item 6801186S, 6801187M and 6801188L, Fang, and item 6801196S, 6801197M and 6801198L, Surgeon, 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”).

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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