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NY N013759





July 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Tracy Beck
Creative Designs International, LTD.
2540 Metropolitan Drive
Trevose, PA 19053-6738

RE: The tariff classification of a Trunk and flimsy costumes from China.

Dear Ms. Beck:

In your letter dated June 27, 2007, you requested a tariff classification ruling.

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

Item # 62248 (Cheetah Girls Growl-licious Glam Trunk) consists of a trunk, three shirts, two skirts, a shrug, a pair of pants, a belt, a purse, two arm mitts, two fingerless gloves, a headband, a necklace three rings, three bangles and four hair extensions. The cardboard trunk is a paper box with a plastic clasp and plastic hinges and decorated with a cheetah print and a paper sleeve that that depicts little girls wearing the articles inside the trunk. The trunk measures approximately 8-1/2” in depth x 16” in length. Although all the garments have styling features or well-made embellishments, the preponderance of their elements is flimsy, and imparts the essential character of the item.

Item # 87312 (Go Diego Go Adventure Dress Up Set) is a textile costume set that consists of a vest, three shorts, a backpack, a fake telescope and a fake watch, with the vest imparting the essential character Although the vest has a styling feature, a well-made closure and two well-made edges, it has a flimsy and loose single straight stitched neck, a flimsy and loose overlock stitched seam and flimsy edges at the arms, bottom and collar.

Item # 87329 (Go Diego Go Electronic Dress Up Adventure Set) is a textile costume set that consists of a vest, a backpack, fake goggles, a fake watch and a fake phone, with the vest imparting the essential character Although the vest has a styling feature, a well-made closure and two well-made edges, it has a flimsy and loose single straight stitched neck, a flimsy and loose overlock stitched seam and flimsy edges at the arms, bottom and collar.

The applicable subheading for Item # 62248 (Cheetah Girls Growl-licious Glam Trunk), Item # 87312 (Go Diego Go Adventure Dress Up Set), and Item # 87329 (Go Diego Go Electronic Dress Up Adventure Set) will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HSTUS), 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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