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NY N003282




November 17, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of costumes from China.

Dear Mr. Williams:

In your letter dated October 30, 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 A2033, Princess Dark Heart, is a textile costume set that consists of a dress, a front insert, a collar and a hoop skirt, with the dress imparting the essential character. Although the dress has styling (a bust line, a multiple layer skirt and a dropped waist), a well-made neck and well-made lace trim embellishments, it has a flimsy 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.

Style B2047, Evil Queen, is a textile costume set that consists of a dress, a front insert and a hoop skirt, with the dress imparting the essential character. Although the dress has styling (raglan sleeves, multiple layer skirt and collar and a dropped waist), well-made edges at the collar and well-made brooch and red ribbon piping 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.

Style A2047, Evil Princess, is a textile costume set that consists of a dress, a front insert and a hoop skirt, with the dress imparting the essential character. Although the dress has styling (raglan sleeves, multiple layer skirt and collar and a dropped waist), well-made edges at the collar and well-made brooch and red ribbon piping 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.

Style B2064, Dark Empiress, is a textile costume set that consists of a dress, a front insert, armlets and a hoop skirt, with the dress imparting the essential character. Although the dress has styling (a bust line and multiple layer collar and skirt), a well-made neck, well-made edges at the arms and closure and a well-made brooch embellishment, it has a flimsy waist and seams, flimsy thin elastics at the back, a flimsy hook and loop tab closure and flimsy edges at the bottom, closure and collar.

Style A2079, Devilish Princess, is a textile costume set that consists of a dress, a front insert, gloves, a collar and a hoop skirt, with the dress imparting the essential character. Although the dress has styling (multiple layer skirt and shawl), a well-made neck and well-made brooch and ribbon embellishments, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom, closure and shawl.

The applicable subheading for style A2033, Princess Dark Heart, style B2047, Evil Queen, style A2047, Evil Princess, style B2064, Dark Empiress, and style A2079, Devilish Princess, 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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