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NY M86468




September 29, 2006

CLA-2-95:RR:NC:SP:225 M86468

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of costumes from Hong Kong.

Dear Mr. Gomez:

In your letter dated September 10, 2006, on behalf of your client, California Costumes, Inc., you requested a tariff classification ruling.

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

Item M00221, Team Spirit, is a textile costume set that consists of a top, a skirt and pom poms, with the top imparting the essential character. Although the top has a well-made hanger loop embellishment, it has a flimsy neck and seams and flimsy edges at the arms and bottom.

Item M00239, Hot Rock Star, is a textile costume set that consists of a polyester tank top, a jacket, pants, iron-on patches and a headphone, with the top imparting the essential character. Although the top has a well-made hanger loop embellishment, it has a flimsy neck, waist and seams and flimsy edges at the arms, bottom and closure.

Item KM325, Rebel Rocker, is a textile costume set that consists of a polyester top, pants, a headphone, a wristband and a neckpiece, with the top imparting the essential character. Although the top has well-made seams and a well-made hanger loop embellishment, it has a flimsy neck and flimsy edges at the bottom.

Item 00229, Howling Horror (Child), is a textile costume set that consists of a polyester robe, mask and waist tie, with the robe imparting the essential character. Although the robe has well-made arms straps styling and a well-made neck, it has flimsy seams and flimsy edges at the arms, bottom, hood and arm straps.

Item 00706, Shrieking Soul (Adult), is a textile costume set that consists of a polyester robe, mask and waist tie, with the robe imparting the essential character. Although the robe has well-made arms straps styling and a well-made neck, it has flimsy seams and flimsy edges at the arms, bottom, hood and arm straps.

The applicable subheading for item M00221, Team Spirit, item M00239, Hot Rock Star, item KM325, Rebel Rocker, item 00229, Howling Horror (Child), and item 00706, Shrieking Soul (Adult), 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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