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NY M86366




September 20, 2006

CLA-2-95:RR:NC:SP:225 M86366

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 31, 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 68013652T, 68013663T&4T, Moto Racer, is a textile costume set that consists of a jumpsuit and a helmet, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (padded arm and knee), it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

Item 6801009S, 6891010M, 6891011L, 68011492T, 68011513T&4T, Good Witch, is a textile costume set that consists of a dress, a belt and a hat, with the dress imparting the essential character. Although the dress has well-made elastic at the arms, 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 6801433S, 6801434M, 6801435L, Astronaut, is a textile costume set that consists of a helmet, a jumpsuit and a chest pack, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling feature (fly), a well-made waist and a well-made edge at the fly, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

Item 6801439S, 6801441M, 6801442L, Krusty Carcass, is a textile costume set that consists of a shirt, pants and a mask, with the shirt imparting the essential character. The shirt has a flimsy neck and seams and flimsy edges at the arms and hem.

The applicable subheading for item 68013652T, 68013663T&T, Moto Racer, item 6801009S, 6891010M, 6891011L, 68011492T, 68011513T&4T, Good Witch, item 6801433S, 6801434M, 6801435L, Astronaut, and item 6801439S, 6801441M, 6801442L, Krusty Carcass, 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 6801199S, Gargoyle Fiend, without the correct sample of this 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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