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NY M86641




September 20, 2006

CLA-2-95:RR:NC:SP:225 M86641

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 M00708, Egyptian Princess, is a textile costume set that consists of a polyester dress, armbands and a neck piece, with the dress imparting the essential character. Although the dress has a styling feature (bust line), it has flimsy construction of the neck and seams and flimsy edges at the arms and bottom.

Item M00237, Count, is a textile costume set that consists of a polyester top and a cape, with the cape imparting the essential character. Although the cape has a well-made neck, it has flimsy seams, a flimsy string tie closure and flimsy edges at the bottom.

Item M00215, Eternia, is a textile costume set that consists of a polyester dress, a foam collar and a medallion, with the dress imparting the essential character. Although the dress has well-made construction of the neck and two well-made embellishments (a belt and cameo), it has flimsy seams and flimsy edges at the arms and bottom.

Item M00229, Blushing Bride, is a textile costume set that consists of a polyester dress, an overskirt, a headband with a veil, glovelettes and a plastic pearl necklace, with the dress imparting the essential character. Although the dress has a well-made neck and well-made lace edges at the arms and top, it has a flimsy waist and seams, flimsy thin elastics at the arms, flimsy edges at the bottom and a flimsy rosette embellishment.

Item M00226, Midnight Bride, is a textile costume set that consists of a polyester dress, overskirt, headband with a veil, glovelettes and a ribbon with a lace necklace, with the dress imparting the essential character. Although the dress has a well-made neck, it has a flimsy waist and seams, flimsy thin elastics at the arms, flimsy edges at the arms and bottom and a flimsy black rosette embellishment.

The applicable subheading for item M00708, Egyptian Princess, item M00237, Count, item M00215, Eternia, item M00229, Blushing Bride, and item M00226, Midnight Bride, 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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