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NY M86753





September 20, 2006

CLA-2-95:RR:NC:SP:225 M86753

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 September 5, 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 6801167S, 6801168M, 6801169L, Diva Meow, is a textile costume set that consists of a dress, an overskirt and a headpiece, with the dress imparting the essential character. Although the dress has two styling features (sleeve insert, multiple layer front), a well-made waist and well-made ribbon edges, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801566S, 6801567M, 6801568L, Zoey The Witch, is a textile costume set that consists of a dress, a bolero and a hat, with the dress imparting the essential character. Although the dress has a well-made neck, well-made elastics at the back, well-made edges at the arms and a well-made belt star embellishment, it has flimsy seams, a flimsy string tie closure and flimsy edges at the bottom.

Item 6891039S, 6891040M, 68910411, Special Ops Tactical Unit, is a textile costume set that consists of a jumpsuit, a vest, a hood and two plastic weapons, with the vest imparting the essential character. Although the vest has three styling features (multiple layer front, pockets, ammo holder) and well-made grommets, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and closure.

Item 6801629S, 6801631M, 6801632L, Simply Angelic, is a textile costume set that consists of a dress, wings and a halo, with the dress imparting the essential character. Although the dress has well-made ruffles and a well-made belt, it has a flimsy neck and seams, flimsy thin elastics at the arms and flimsy edges at the arms and bottom.

Item 6801633S, 6801634M, 6801635L, Sinfully Sexy Devil, is a textile costume set that consists of a dress and horns, with the dress imparting the essential character. Although the dress has well-made ruffles and well-made edges at the arms, it has a flimsy neck and seams, flimsy thin elastic at the back, a flimsy string tie closure and flimsy edges at the bottom.

The applicable subheading for item 6801167S, 6801168M, 6801169L, Diva Meow, item 6801566S, 6801567M, 6801568L, Zoey The Witch, item 6891039S, 6891040M, 68910411, Special Ops Tactical Unit, item 6801629S, 6801631M, 6801632L, Simply Angelic, and item 6801633S, 6801634M, 6801635L, Sinfully Sexy Devil, 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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