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NY N003111




November 17, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Darla J. Perry
Pony Express Creations, Inc.
9431 Dowdy Drive, Suite A
San Diego, CA 92126

RE: The tariff classification of costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated November 2, 2006, you requested a tariff classification ruling.

You have requested rulings on the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned to you upon your request.

Style 300929, Dr. Hollywood, is a textile costume that consists of a lab coat, booties and a hat, with the coat imparting the essential character. Although the coat has styling (a pocket), a well-made neck, a well-made edge at the pocket and well-made button embellishments, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Style 350502, Sweet Hero, is a textile costume set that consists of a dress, a cape, a headband, wrist cuffs and boot covers, with the dress imparting the essential character. Although the dress has styling (a bust line), a well-made neck and well-made rick rack and trim embellishments, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

Style 300892, Vampirella, is a textile costume set that consists of a top, a skirt, a belt and a collar, with the top imparting the essential character. Although the top has a well-made neck, it has flimsy seams and flimsy edges at the arms and bottom.

Style 300937, Hot Dog Vendor, is a textile costume set that consists of a shirt/top and fake hot dogs, with the shirt/top imparting the essential character. Although the shirt/top has a well-made neck, it has flimsy seams and flimsy edges at the arms, bottom and closure.

The applicable subheading for style 300929, Dr. Hollywood, style 350502, Sweet Hero, style 300892, Vampirella, and style 300937, Hot Dog Vendor, 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”).

      We are unable to rule on style 300919, Fun Leaf Fairy, without the correct sample. Should you still wish a ruling on this costume, please submit the correct costume 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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