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NY N008744




March 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Geoffrey Greenberg
Creative Designs Int’l, LTD
2540 Metropolitan Drive
Trevose, PA 19053-6738

RE: The tariff classification of flimsy costumes from China.

Dear Mr. Greenberg:

In your letter dated March 20, 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.

Item 87334, Dora the Explorer Dress Up Set, is a textile costume set that consists of a shirt, a skirt, a wig, a bracelet and plastic shoes, with the shirt imparting the essential character. Although the shirt has one styling feature and two well-made embellishments, it has flimsy construction, edges, closures and elastics.

Item 87335, Go Diego Go Dress Up Set, is a textile costume that consists of a vest, pants, shoe covers, a fake watch and a bag, with the vest imparting the essential character. Although the vest has one styling feature and a well-made closure it has flimsy construction of the neck and seams and flimsy edges at the arms and bottom.

Item 68976, Pirate Dress Up Set, is a textile costume that consists of a hat, a vest, pants and boot covers, with the vest imparting the essential character. The vest has flimsy construction and flimsy edges.

The applicable subheading for item 87334, Dora the Explorer Dress Up Set, item 87335, Go Diego Go Dress Up Set, and item 68976, Pirate Dress Up Set, 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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