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NY M87380




October 24, 2006

CLA-2-95:RR:NC:SP:225 M87380

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 October 3, 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 6801619 S, 6801621 M, 6801622 L, Snake Charmer, is a textile costume set that consists of a dress, a turban and a fake snake, with the dress imparting the essential character. Although the dress has bust line styling and well-made embellishments (garters, fringe on the shirt and neck and fake money), it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801639 S, 6801641 M, 6801642 L, Fortune Teller, is a textile costume set that consists of a dress, a top skirt, a shawl and a scarf, with the dress imparting the essential character. Although the dress has bust line styling and well-made elastics on the back, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801696 S, 6801697 M, 6801698 L, Hellvira, is a textile costume comprised of a dress. Although the dress has styling (gathered waist), a well-made grommet-like closure and well-made rick rack embellishments, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Item 6801646S, 6801647 M, 6801695 L, Violet Tendencies, is a textile costume set that consists of a top, a skirt, a hat and a cape, with the top imparting the essential character. Although the dress has bust line styling, well-made edges at the arms and well-made front ribbon embellishments, it has a flimsy neck, flimsy string tie closures and flimsy edges at the bottom.

Item 6801703 S, 6801704 M, 6801705 L, Web Widow, is a textile costume set that consists of a dress and a headpiece, with the dress imparting the essential character. Although the dress has well-made elastics at the back and a well-made belt embellishment, it has a flimsy neck and seams, a flimsy string tie closure and flimsy edges at the arms and bottom.

The applicable subheading for item 6801619 S, 6801621 M, 6801622 L, Snake Charmer, item 6801639 S, 6801641 M, 6801642 L, Fortune Teller, item 6801696 S, 6801697 M, 6801698 L, Hellvira, item 6801646S, 6801647 M, 6801695 L, Violet Tendencies, and item 6801703 S, 6801704 M, 6801705 L, Web Widow, 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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