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NY M86752




September 20, 2006

CLA-2-95:RR:NC:SP:225 M86752

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 6801468S, 6801469M, 6801470L, Tattooed Strongman, is a textile costume set that consists of a Jumpsuit and a barbell, with the jumpsuit imparting the essential character. Although the jumpsuit has four styling features (multiple layer fly, legs, arms, front) and well-made edges at the fly, it has a flimsy neck, waist and seams, a flimsy hook and loop tab and flimsy edges at the arms, ankles and closure.

Item 6801493S, 6801494M, 6801386L, Bearded Lady, is a textile costume set that consists of a dress, a bodysuit, and a beard, with the dress imparting the essential character. Although the dress has two styling features (bust line and multiple layer sleeves), well-made edges (lace-like arms and hem) and well-made trim, it has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the closure.

The applicable subheading for item 6801468S, 6801469M, 6801470L, Tattooed Strongman, and item 6801493S, 6801494M, 6801386L, Bearded Lady, 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 6801376S, 6801377M, 6801378L, Ring Leader, without the correct 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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