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NY M86795




September 29, 2006

CLA-2-95:RR:NC:SP:225 M86795

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 12, 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 6801343 S, 6801722 M, 6801723 L, Preacher of the Corn, is a textile costume set that consists of a robe, a collar and a hat, with the robe imparting the essential character. The robe has flimsy construction of the neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801333 S, 6801334 M, 6801335 L, Zombie Prom King, is a textile costume set that consists of a jacket, pants, a shirt and a neckband with a bow, with the jacket imparting the essential character. Although the jacket has a well-made neck, it has a flimsy waist and seams and flimsy edges at the arms, bottom and closure.

Item 6801336 S, 6801337 M, 6801338 L, Zombie Prom Nerd, is a textile costume set that consists of a jacket, a shirt, pants and a neckband with a bow, with the jacket imparting the essential character. Although the jacket has pocket styling and a well-made neck, it has flimsy seams and flimsy edges at the arms, bottom, closure and pocket edge.

Item 6801520 S, 6801523 M, 6801526 L, 6801744 XL, 6801745 XXL, Franciscan Monk, is a textile costume set that consists of a tunic and a small cape with a hood, with the cape imparting the essential character. Although the cape has a well-made neck and well-made ribbon trim, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the bottom, closure and hood edge.

Item 6801732 S, 6801733 M, 6801734 L, 6801746 XL, 6801747 XXL, Darke Monk, is a textile costume set that consists of a tunic and a small cape with a hood, with the cape imparting the essential character. Although the cape has a well-made neck and well-made ribbon trim, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the bottom, closure and hood edge.

The applicable subheading for item 6801343 S, 6801722 M, 6801723 L, Preacher of the Corn, item 6801333 S, 6801334 M, 6801335 L, Zombie Prom King, item 6801336 S, 6801337 M, 6801338 L, Zombie Prom Nerd, item 6801520 S, 6801523 M, 6801526 L, 6801744 XL, 6801745 XXL, Franciscan Monk, and item 6801732 S, 6801733 M, 6801734 L, 6801746 XL, 6801747 XXL, Darke Monk, 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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