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NY N015393




August 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group, Halloween Division
345 7th AVE 6 Floor
New York, NY 10001

RE: The tariff classification of Styles 6808832-6808834, Star Basketball Player, 6838333, 6838334, 6808835-6808837, and 6838082-6838083, Prison Playa, 6838044, 6838045, 6838030, 6838031, 6838072, 6838073, Pit Crew Red/Blue, 6838335, 6838336, 6808841-6808843, 6838086, 6838087, Grim Reaper, and 6838354-6838356, 6838630, 6838631, 6808036-6808038, 6848008, 6848009, That Dead Girl, from China

Dear Mr. Fragomeli:

In your letter dated August 3, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 6808832-6808834, Star Basketball Player, are three styles of a flimsy textile costume set that consists of a tank top, a pair of shorts, a headband and wristbands, with the tank top imparting the essential character. The tank top has a flimsy and loose, visible overlock stitched neck, flimsy and loose, visible overlock stitched seams and flimsy and loose, visible overlock stitched edges at the arms and bottom.

Styles 6838333, 6838334, 6808835-6808837, and 6838082-6838083, Prison Playa, are seven styles of a flimsy textile costume set that consists of a top, pants, sleeves and a hat, with the top imparting the essential character. Although the top has well-made seams, it has a flimsy and loose, visible overlock stitched neck, a flimsy hook and loop tab closure and flimsy and loose, visible overlock stitched edges at the arms, bottom and closure.

Styles 6838044, 6838045, 6838030, 6838031, 6838072, 6838073, Pit Crew Red/Blue, are six styles of a flimsy textile costume set that consists of a jumpsuit and a hat, with the jumpsuit imparting the essential character. Although the jumpsuit has three well-made embellishments, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop tab closure and flimsy and loose, visible overlock stitched edges at the arms, ankles and closure.

Styles 6838335, 6838336, 6808841-6808843, 6838086, 6838087, Grim Reaper, are seven styles of a flimsy textile costume set that consists of a robe, a hood, a sash and skeleton hands, with the robe imparting the essential character. The robe has a flimsy and loose, visible overlock stitched neck, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop tab closure, raw edges at the arms and bottom and flimsy and loose, visible overlock stitched edges at the closure.

Styles 6838354-6838356, 6838630, 6838631, 6808036-6808038, 6848008, 6848009, That Dead Girl, are ten styles of a flimsy textile costume set that consists of a dress, an over skirt and glovelettes, with the dress imparting the essential character. Although the dress has a styling feature, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop tab closure, raw edges at the bottom and flimsy and loose, visible overlock stitched edges at the arms and closure.

The applicable subheading for Styles 6808832-6808834, Star Basketball Player, 6838333, 6838334, 6808835-6808837, and 6838082-6838083, Prison Playa, 6838044, 6838045, 6838030, 6838031, 6838072, 6838073, Pit Crew Red/Blue, 6838335, 6838336, 6808841-6808843, 6838086, 6838087, Grim Reaper, and 6838354-6838356, 6838630, 6838631, 6808036-6808038, 6848008, 6848009, That Dead Girl, 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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