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NY N016045




August 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of item numbers M00268, Tinkerbelle (Child), M00258, Gladiator (Child), M00266, Executioner (Child), M00246, Outlaw (Child), and item number M00257, Gypsy Princess (Child), from China

Dear Mr. Gomez:

In your letter dated August 13, 2007, on behalf of California Costumes, Inc., you requested a tariff classification ruling.

Item M00268, Tinkerbelle (Child), is a textile costume set that consists of a dress, oversksirt and wings, with the dress imparting the essential character. Although the dress has a styling feature and a well made embellishment, it has a flimsy and loose, visible overlock stitched neck, flimsy and loose, visible overlock stitched seams, flimsy thin elastics at the arms and raw edges at the arms and bottom.

Item M00258, Gladiator (Child), is a textile costume set that consists of a tunic with attached armor, a top, cuffs and leg ties, with the tunic with attached armor imparting the essential character. Although the tunic has a styling feature and four well-made embellishments, it has a flimsy and loose, single straight stitched waist, a flimsy hook and loop tab closure, raw edges at the closure and flimsy and bottom.

Item M00266, Executioner (Child), is a textile costume set that consists of a top, a belt, gauntlets and a hood, with the top imparting the essential character. Although the top has a well-made embellishment, it has a flimsy, raw neck, flimsy and loose, visible overlock stitched seams and raw edges at the arms and bottom.

Item M00246, Outlaw (Child), is a textile costume set that consists of a duster, a vest and a bandana, with the vest imparting the essential character. Although the vest has a well-made neck, a well-made closure edge and a well-made embellishment, it has flimsy and loose, visible overlock stitched seams, two flimsy closures and raw edges at the arms and bottom.

Item M00257, Gypsy Princess (Child), is a textile costume set that consists of a dress, a head tie, a drape and a belt, with the dress imparting the essential character. Although the dress has a well-made embellishment, 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, flimsy thin elastics at the arms and raw edges at the arms and bottom.

The applicable subheading for item numbers M00268, Tinkerbelle (Child), M00258, Gladiator (Child), M00266, Executioner (Child), M00246, Outlaw (Child), and item number M00257, Gypsy Princess (Child) 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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