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NY N006683




February 13, 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 5148034-035, The Prophet of Darkness Costume, is a textile costume set that consists of a robe, a hood and a belt, with the robe imparting the essential character. The robe has a flimsy neck, waist and seams, a flimsy string tie closure and flimsy edges at the arms, bottom and closure.

Style 5148036-037, The Eternal Incubus Costume, is a textile costume set that consists of a robe, a cape and a cravat, with the cape imparting the essential character. Although the cape has two styling features (collar and multi layer cape) and well-made edges at the collar, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the bottom closure and styling feature.

Style 5148038-039, The Death Dealer Costume, is a textile costume set that consists of a hooded robe with a chest piece, a cape and a skull mask with light-up eyes, with the robe imparting the essential character. Although the robe has three styling features, it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and hood.

Style 5148040-041, The Lord of Evil Costume, is a textile costume set that consists of a robe, a cape, a hood, devil hands and horns, with the cape imparting the essential character. The cape has a flimsy neck and bottom edge.

The applicable subheading for style 5148034-035, The Prophet of Darkness Costume, style 5148036-037, The Eternal Incubus Costume, style 5148038-039, The Death Dealer Costume, and style 5148040-041, The Lord of Evil 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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