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NY N003039




November 15, 2006

CLA-2-95:RR:NC:N2:225

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group
345 Seventh Avenue, 6th Floor
New York, NY 10019

RE: The tariff classification of a costume from China.

Dear Mr. Fragomeli:

In your letter dated October 24, 2006, you requested a tariff classification ruling.

You submitted a photograph of the following costume, which meets the flimsy, non-durable requirements. It is the same as an item ruled on in New York Ruling M86467, just different sizes.

Item numbers 6801025 2t and 6801026 3t-4t, Fire Ninja, are two sizes of a textile costume that consists of a jumpsuit, a hood and an apron, with the jumpsuit imparting the essential character. Although the jumpsuit has styling (multiple layer waist flap), a well-made neck and a well-made belt embellishment, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles, closure and waist flap.

The applicable subheading for 6801025 2t and 6801026 3t-4t, Fire Ninja, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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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