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NY N015825





August 17, 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 6838327-330 and 6838400-403, Ninja Red Fury/Ninja Purple Fury, 6808121-6808123, Wrath, 6838299-6838302, Werewolf, and 6838298, 6838800-6838801, Band Zombie from China

Dear Mr. Fragomeli:

In your letter dated August 13, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 6838327-330 and 6838400-403, Ninja Red Fury/Ninja Purple Fury are eight styles of a textile costume set that consists of a top, pants and a hood, with the top imparting the essential character. Although the top has two styling features, it has a flimsy and loose, visible overlock stitched neck, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop closure and flimsy and loose, visible overlock stitched edges at the arms, bottom, closure and shoulder guard styling.

Styles 6808121-6808123, Wrath, are three styles of a textile costume set that consists of a top, a jacket, pants and a belt, with the jacket imparting the essential character. Although the jacket has two styling features, 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 bottom, closure and styling feature.

Styles 6838299-6838302, Werewolf, are four styles of a textile costume set that consists of a mask, a shirt with an attached jacket, pants, gloves and shoe covers, with the shirt with an attached jacket imparting the essential character. Although the shirt with an attached jacket has two styling features and a well-made neck, it has flimsy and loose, visible overlock stitched seams and flimsy and loose, visible overlock stitched edges at the arms, two bottom layers, the closure and collar.

Styles 6838298, 6838800-6838801, Band Zombie, are three styles of a textile costume set that consists of a jacket, pants and a hat with an attached latex mask, with the jacket imparting the essential character. Although the jacket has a well-made neck, it has flimsy and loose, visible overlock stitched seams and flimsy and loose, visible overlock stitched edges at the closure and collar and raw edges at the arms and bottom.

The applicable subheading for Styles 6838327-330 and 6838400-403, Ninja Red Fury/Ninja Purple Fury, 6808121-6808123, Wrath, 6838299-6838302, Werewolf, and 6838298, 6838800-6838801, Band Zombie, 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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