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NY N012942





June 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. David Kislevitz
Christys by Design
183 Valley Road
River Edge, NJ 07661

RE: The tariff classification of flimsy costumes from China.

Dear Mr. Kislevitz:

In your letter dated June 11, 2007, you requested a tariff classification ruling.

You submitted the following textile costume sets that meet the flimsy, non-durable requirements for classification within Chapter 95 and are being returned upon your request.

Style 240-11-2097, Mermaid1, consists of a textile dress and a headband, with the dress imparting the essential character. Although the dress has three styling features, it has a flimsy and loose overlock stitched neck, a flimsy and loose single stitched waist, flimsy and loose overlock stitched seams, flimsy thin elastics at the arms and flimsy and loose overlock stitched edges at the arms, bottom and fish tail.

Style 240-11-2098, Ice Pink Princess, consists of a textile dress and a wand, with the dress imparting the essential character. Although the dress has three styling features and three well-made embellishments, it has a flimsy and loose overlock stitched neck, a flimsy and loose single stitched waist, flimsy and loose overlock stitched seams, a flimsy hook and loop closure and flimsy and loose overlock stitched edges at the arms, closure and three bottom layers.

Style 240-11-2099, Snowflake Princess, consists of a textile dress and a headband, with the dress imparting the essential character. Although the dress has three styling features and a well-made embellishment, it has a flimsy and loose overlock stitched neck, a flimsy and loose single stitched waist, flimsy and loose overlock stitched seams, flimsy thin elastics at the arms and flimsy and loose overlock stitched edges at the arms and bottom.

The applicable subheading for style 240-11-2097, Mermaid1, style 240-11-2098, Ice Pink Princess, and style 240-11-2099, Snowflake 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 "Consumer Protection,” “Business Information,” “Clothing & Textiles,” “Threading Your Way Through the Labeling Requirement”).

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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