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NY N009115




April 17, 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 flimsy costumes from China.

Dear Ms. Johnson:

In your letter dated March 21, 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 2162/208FE/2108, Pirate, is a textile costume set that consists of a dress, bandana, brooch and boot covers, with the dress imparting the essential character. Although the dress has two styling features and two well-made embellishments, it has a flimsy neck, a flimsy and loose single straight stitch waist, flimsy loose stitch seams, flimsy thin elastics at the arms and flimsy overlock stitch edges at the arms and bottom.

Style 2193, Jitterbug Judy, is a textile costume set that consists of a dress and a scarf, with the dress imparting the essential character. Although the dress has two styling features, well-made edges at the arms and a well-made rick rack embellishment, it has a flimsy neck, a flimsy and loose single straight stitch waist, flimsy loose stitch seams, a flimsy hook and loop tab closure, and flimsy overlock stitching at the hem and closure.

Style 2195, Lolli, the Candy Fairy, is a textile costume set that consists of a dress, wings, candy wrap and a lollipop headpiece, with the dress imparting the essential character. Although the dress has two styling features, a well-made neck and a well-made belt embellishment, it has a flimsy and loose single straight stitch waist, flimsy loose stitch seams, flimsy thin elastics at the arms and flimsy overlock stitching at three skirt layer edges.

Style 6637, Cheerleader, is a textile costume set that consists of a dress and shorts, with the dress imparting the essential character. The dress is overwhelmingly flimsy, with a flimsy neck, flimsy loose stitch seams, a flimsy hook and loop tab closure and flimsy overlock stitching at the arm, bottom and closure edges.

Style 6638, Princess, is a textile costume set that consists of a dress and a tiara, with the dress imparting the essential character. Although the dress has two styling features and two well-made embellishments, it has a flimsy neck, a flimsy and loose single straight stitch waist, flimsy loose stitch seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy overlock stitch edges at the arms, bottom, closure and peplum.

The applicable subheading for style 2162/208FE/2108, Pirate, style 2193, Jitterbug Judy, style 2195, Lolli, the Candy Fairy, style 6637, Cheerleader, and style 6638, Princess, 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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