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NY N012006




June 4, 2007

CLA-2-95:RR:NC: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 May 22, 2007, you requested a tariff classification ruling.

You submitted the following textile costume, which meets the flimsy, non-durable requirements for classification within Chapter 95 and is being returned upon your request.

Style 6695, Leonardo – Extra Value, is a textile costume that consists of a jumpsuit, a mask and shells, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling features and a well-made neck, it has a flimsy, loose straight stitched waist, flimsy and loose overlock stitched seams, a flimsy hook and loop tab closure and flimsy, loose overlock stitched edges at the arms, ankles and closure.

Style 6487, Go Diego Go, is a textile costume that consists of a top, shorts, a backpack and a toy watch, with the top imparting the essential character. Although the top has a styling feature, a well-made collar edge and a well-made embellishment, it has a flimsy, loose visible overlock stitched neck, flimsy and loose overlock stitched seams, a flimsy hook and loop tab closure and flimsy, loose overlock stitched edges at the arms, bottom and closure.

The applicable subheading for style 6695, Leonardo – Extra Value, and style 6487, Go Diego Go, 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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