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NY M86887




September 29, 2006

CLA-2-95:RR:NC:SP:225 M86887

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 15, 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 6801618 S, 6801027 M, 6801028 L, Crystal Gypsy, is a textile costume set that consists of a dress, a waistband and a headpiece, 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 and sleeves, a flimsy string tie closure and flimsy edges at the arms, bottom and closure.

Item 6801029 S, 6801031 M, 6801316 L, Tomahawk Tammy/item 6891012 S, 6891013 M, 6891014 L, Native American Gal, is a textile costume set that consists of a dress, a waistband and a headpiece, with the dress imparting the essential character. Although the dress has styling (multiple layers), well-made edges at the styling and well-made embellishment trim, it has a flimsy neck and seams and flimsy edges at the arms and bottom.

The applicable subheading for Item 6801618 S, 6801027 M, 6801028 L, Crystal Gypsy, and Item 6801029 S, 6801031 M, 6801316 L, Tomahawk Tammy/item 6891012 S, 6891013 M, 6891014 L, Native American Gal, 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 6801594 S, Pirate, and item 6801597 S, Vampire, without the correct samples. Should you still wish a ruling on these costumes, please submit the correct costume samples 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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