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NY N017249




September 20, 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 6684, Optimus Prime Quality Child, 6838, Optimus Prime Adult Deluxe, and style 6685, Optimus Prime Deluxe Child, from China

Dear Ms. Guzman:

In your letter dated September 10, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Style 6684, Optimus Prime Quality Child, is a textile costume set that consists of a jumpsuit and a mask, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made belt, it has a loose overlock stitched neck, loose single stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, ankles and closure.

Style 6838, Optimus Prime Adult Deluxe, is a textile costume set that consists of a jumpsuit, mask and chestpiece, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made neck, it has a loose single stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, ankles and closure.

Style 6685, Optimus Prime Deluxe Child, is a textile costume set that consists of a jumpsuit, mask, chest piece and weapon, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made neck, it has a loose single stitched waist, loose overlock stitched seams, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, ankles and closure.

The applicable subheading for styles 6684, Optimus Prime Quality Child, 6838, Optimus Prime Adult Deluxe, and style 6685, Optimus Prime Deluxe 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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