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NY N016917




September 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Luz Guzman
Disguise, Inc.,
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of styles 126, Barbarian Babe, 1976, Maid in Hell, 2652, Devil Fairy, 3548, Wicked Witch, and style number 3550, Wildcat, from China

Dear Ms. Guzman:

In your letter dated September 03, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Style 126, Barbarian Babe, is a textile costume set that consists of a dress, boot covers, a hat and a headpiece, with the dress imparting the essential character. Although the dress has three styling features, a well-made neck and a well-made embellishment, it has loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, bottom two closures and collar.

Style 1976, Maid in Hell, is a textile costume set that consists of dress, petticoat, tail, cuffs, choker, apron and horns, with the dress imparting the essential character. Although the dress has a well-made neck and two well-made embellishments, it has a loose single straight stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, bottom and closure.

Style 2652, Devil Fairy, is a textile costume set that consists of a dress, wings and cuffs, the dress imparting the essential character. Although the dress has three styling features, one well-made closure edge and a well-made embellishment, it has a loose overlock stitched neck, loose single straight stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, two bottom layers and closure.

Style 3548, Wicked Witch, is a textile costume set that consists of a dress and hat, with the dress imparting the essential character. Although the dress has a styling feature and a well-made embellishment, it has a loose overlock stitched neck, loose overlock stitched seams, a flimsy hook and loop tab closure, raw edges at the arms and bottom and loose overlock stitched edges at the closure.

Style 3550, Wildcat, is a textile costume set that consists of a jumpsuit and a mask, with the mask imparting the essential character. Although the jumpsuit has a well-made embellishment, it has a loose overlock stitched neck, loose single straight stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure, raw edges at the arms and ankles and loose overlock stitched edges at the closure.

The applicable subheading for styles 126, Barbarian Babe, 1976, Maid in Hell, 2652, Devil Fairy, 3548, Wicked Witch, and style number 3550, Wildcat, 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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