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NY N006628




February 12, 2007

CLA-2-95:RR:NC:225

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Annalee C. McKay
Mario Chiodo Studios
1919 Peralta Street
Oakland, CA 94607

RE: The tariff classification of costumes from China.

Dear Ms. McKay:

In your letter dated February 6, 2007, you requested a tariff classification ruling.

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

Style 5148028-029, Gentleman Vampire Costume, is a textile costume set that consists of a polyester jacket, a hat, a cape, a neck ruffle and a medallion, with the cape imparting the essential character. The cape has a flimsy neck and seams, a flimsy string tie closure and flimsy edges at the bottom and closure.

Style 5148032-033, Glen the Ghostly Guest Costume, is a textile costume set that consists of a polyester jacket, a vest, a top hat, a cravat and a medallion, with the jacket imparting the essential character. Although the jacket has styling (pocket), well-made edges at the pocket and a well-made embellishment, it has a flimsy neck and seams and flimsy edges at the arms and bottom.

Style 5148042-043, Carver the Killer Clown Costume, is a textile costume set that consists of a polyester shirt, pants, a mask with hair, a hat and a neck ruffle, with the shirt imparting the essential character. Although the shirt has two styling features, it has a flimsy neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

The applicable subheading for style 5148028-029, Gentleman Vampire Costume, style 5148032-033, Glen the Ghostly Guest Costume, and style 5148042-043, Carver the Killer Clown Costume, 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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