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NY N004564




December 26, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Maria Johnson
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of costumes from China.

Dear Ms. Johnson:

In your letter dated December 11, 2006, you requested a tariff classification ruling.

You submitted the following costume samples, which are being returned upon your request and meet the flimsy requirements for classification within Chapter 95.

Style 1585, Pink Cheerleader, is a textile costume set that consists of a dress and pom poms, with the dress imparting the essential character. Although the dress has a well-made neck, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

Style 1586, Pink Leopard, is a textile costume set that consists of a jumpsuit and a headpiece, with the jumpsuit imparting the essential character. Although the jumpsuit has styling (raglan sleeves and a dropped waist) and a well-made neck, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and ankles.

Style 1557, Midnight Ninja, is a textile costume set that consists of a jumpsuit and a headband, with the jumpsuit imparting the essential character. Although the jumpsuit has styling (multiple layer shoulder and a multiple layer belt) and a well-made belt edge, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and ankles.

Style 1554, Pink Witch, is a textile costume set that consists of a dress and a hat, with the dress imparting the essential character. Although the dress has styling (a multiple layer skirt, raglan sleeves and a gathered front) and a sewn-on pink ribbon, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

Style 1598, Pink Nurse, is a textile costume set that consists of a dress and a headpiece, with the dress imparting the essential character. Although the dress has a well-made neck and a sewn-on belt embellishment, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

The applicable subheading for style 1585, Pink Cheerleader, style 1586, Pink Leopard, style 1557, Midnight Ninja, style 1554, Pink Witch, and style 1598, Pink Nurse, 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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