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NY M87034




September 29, 2006

CLA-2-95:RR:NC:SP:225 M87034

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 9, 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 6801486 S, 6801487 M, 6801488 L, Deluxe Princess, is a textile costume set that consists of a dress, an overskirt, a collar and sleeves, with the dress imparting the essential character. Although the dress has well-made embellishments (flowers and rick rack), it has a flimsy neck, waist and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801394 S, 6801449 M, 6801451 L, Geisha Gal, is a textile costume set that consists of a dress and a waistband, with the dress imparting the essential character. Although the dress has styling of the skirt and sleeves and a well-made neck, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom, closure and styling features.

Item 6801021 S, 6801022 M, 6801023 L, Sailorette, is a textile costume set that consists of pants, a top and a hat, with the top imparting the essential character. Although the top has styling (tie and knot), a well-made neck and well-made trim embellishments at the arms and collar, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom, closure and styling feature.

Item 6801436 S, 6801437 M, 6801438 L, Fireman, is a textile costume set that consists of a jacket and a hat, with the jacket imparting the essential character. Although the jacket has a well-made neck and a well-made closure (buckets), it has flimsy seams and flimsy edges at the arms, bottom and closure.

Item 6801446 S, 6801447 M, 6801448 L, Prisoner, is a textile costume comprised of a jumpsuit. Although the jumpsuit has multiple layer styling of the collar, a well-made neck and well-made edges at the closure, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and collar.

The applicable subheading for item 6801486 S, 6801487 M, 6801488 L, Deluxe Princess, item 6801394 S, 6801449 M, 6801451 L, Geisha Gal, item 6801021 S, 6801022 M, 6801023 L, Sailorette, item 6801436 S, 6801437 M, 6801438 L, Fireman, and item 6801446 S, 6801447 M, 6801448 L, Prisoner, 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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