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NY N003894




December 8, 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 27, 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 300935, Pedro, is a textile costume that consists of a bodysuit, over pants, a cape, a pair of boot covers, a pair of wrist cuffs and a mask, with the bodysuit imparting the essential character. Although the bodysuit has styling (a multiple layer front) and a well-made waist and seams, it has a flimsy neck, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Style 350487, Construction Worker, is a textile costume set that consists of overalls, a pair of gloves, a belt, a hard hat, a plastic hammer and a plastic wrench, with the overalls imparting the essential character. Although the overalls has styling (a pocket) and well-made embellishments, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and pocket edge.

Style 300914, Cave Dude, is a textile costume set that consists of a top and shorts, with the top imparting the essential character. The top has a flimsy neck and seams and flimsy edges at the arms and bottom.

Style 300910, Black Widow, is a textile costume set that consists of a dress and a cape, with the dress imparting the essential character. Although the dress has styling (a bust line) and well-made elastics at the arms, it has a flimsy neck and seams and a flimsy bottom.

Style 300943, Tequilla Pop’N Dude, is a textile costume set that consists of a top/shirt, a shot glass harness, a bottle holster belt, 12 plastic shot glasses and a straw hat, with the top/shirt imparting the essential character. The top/shirt has a flimsy neck and seams and flimsy edges at the arms and bottom.

The applicable subheading for style 300935, Pedro, style 350487, Construction Worker, style 300914, Cave Dude, style 300910, Black Widow, and style 300943, Tequilla Pop’N Dude, 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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