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NY N005598





January 22, 2007

CLA-2-95: RR: N2: 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 28, 2007, you requested a tariff classification ruling.

You submitted the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned upon your request.

Style 3640, Rodeo Princess, is a textile costume set that consists of a dress, cuffs, a collar, a hat and a garter, with the dress imparting the essential character. Although the dress has a styling feature and three well-made embellishments, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

Style 3547, Seven Seas Vixen, is a textile costume set that consists of a dress and a head tie, with the dress imparting the essential character. Although the dress has two well-made embellishments, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and bottom.

Style 3546, Little Red Riding Hood, is a textile costume set that consists of a dress, an apron and a hood/cape, with the hood/cape imparting the essential character. Although the hood/cape has a styling feature, it has flimsy seams, a flimsy string tie closure and flimsy edges at the bottom, closure and hood opening.

Style 3641, Lotus Flower Geisha, is a textile costume set that consists of a dress, a belt and chopsticks, with the dress imparting the essential character. Although the dress has two styling features, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom, closure and styling features.

Style 134A, Kabuki Warrior, is a textile costume set that consists of a jumpsuit, a top, a headpiece and a belt, with the jumpsuit imparting the essential character. The jumpsuit has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

The applicable subheading for style 3640, Rodeo Princess, style 3547, Seven Seas Vixen, style 3546, Little Red Riding Hood, style 3641, Lotus Flower Geisha, and style 134A, Kabuki Warrior, 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 Wayne Kessler at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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