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NY N011271




May 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Ken August
FunWorld
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of flimsy costumes from China.

Dear Mr. August:

In your letter dated May 10, 2007, you requested a tariff classification ruling.

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

Style 117924, Ring Girl (Guy), is a textile costume set that consists of a knit polyester top, a skirt and two inflatable balloons that fit under the top to simulate breasts, with the top imparting the essential character. Although the top has a styling feature, a well-made neck and well-made elastics, it has flimsy and loose, visible overlocked stitched seams and flimsy and loose, visible overlocked stitched edges at the arms, bottom and collar.

Style 117954, Girl Football Player, is a textile costume set that consists of a mesh polyester top and knit polyester pants, with the top imparting the essential character. Although the top has two styling features, has a flimsy and loose visible overlocked stitched neck, a flimsy hook and loop tab closure and flimsy and loose, visible overlocked stitched edges at the arms, bottom and closure.

Style 115062, Punksta’, is a textile costume set that consists of a polyester top, pants and a nose ring, with the top imparting the essential character. Although the top has double layer styling at the sleeve, well-made elastics and well-made edges at one sleeve layer, it has a flimsy and loose visible overlocked stitched neck, visible overlocked stitched seams, a flimsy hook and loop tab closure and flimsy and loose, visible overlocked stitched edges at the bottom and closure.

Style 115072, Rapsta’, is a textile costume set that consists of a polyester top, a cloth covered plastic foam hat and a plastic chain with a medallion, with the top imparting the essential character. Although the top has double layer styling at the sleeve, well-made elastics and well-made edges at one sleeve layer, it has a flimsy and loose visible overlocked stitched neck, flimsy and loose visible overlocked stitched seams, a flimsy hook and loop tab closure and flimsy and loose, visible overlocked stitched edges at the bottom, one sleeve layer and closure.

Style 90163, Blind Referee, is a textile costume set that consists of a knit polyester top, a pair of sunglasses and a walking stick, with the top imparting the essential character. Although the top has a well-made neck, it has flimsy and loose visible overlocked stitched seams, a flimsy hook and loop tab closure, and flimsy and loose, visible overlocked stitched edges at the bottom, sleeves, collar and closure.

The applicable subheading for style 117924, Ring Girl (Guy), style 117954, Girl Football Player, style 115062, Punksta’, style 115072, Rapsta’, and style 90163, Blind Referee, 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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