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NY N008794




March 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Helena M. Cooper
FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a flimsy costume from China.

Dear Ms. Cooper:

In your letter dated March 21, 2007, you requested a tariff classification ruling.

You have requested a ruling on the following costume, which meets the flimsy, non-durable requirements for classification within Chapter 95, and is being returned, upon your request.

Style 118994, Disco King (Adult), is a textile costume that consists of a knit polyester top and knit polyester pants, with the top imparting the essential character. Although the top has two styling features, well-made edges at one of the styling features and a well-made embellishment, it has a flimsy neck, flimsy seams and flimsy edges at the arms, bottom and front.

The applicable subheading for style 118994, Disco King (Adult), 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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