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NY M87824




November 6, 2006

CLA-2-95:RR:NC:SP:225 M87824

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 September 6, 2006, and received in this office on November 1, 2006, you requested a tariff classification ruling.

You submitted the following costume, which meets the flimsy, non-durable requirements and is being returned per your request.

Item numbers 6801427 S, 6801724 M, 6801725 L, Pitchfork Pete, are three sizes of a textile costume that consists of a jacket, overalls and a hat, with the essential character imparted by the overalls. Although the overalls have two styling features (pocket and strips) and well-made edges at the closure and suspenders, it has flimsy seams and flimsy edges at the arms, ankles, closure, pocket and strips.

The applicable subheading for item numbers 6801427 S, 6801724 M, 6801725 L, Pitchfork Pete, 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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