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NY N017888




October 3, 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 2308/3189, Geisha Fairy Adult and Geisha Fairy Plus Size, 2472, Enchanting Geisha, 5093, Maleficent Adult, and style 9126, Woodland Witch, from China

Dear Ms. Guzman:

In your letter dated September 19, 2007 you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 2308/3189, Geisha Fairy Adult and Geisha Fairy Plus Size, are two styles of a textile costume set that consists of a dress, a belt and wings, with the dress imparting the essential character. Although the dress has two styling features, it has a loose overlock stitched neck, loose single stitched waist, loose overlock stitched seams, thin elastics at the back, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, hem and closure.

Style 2472, Enchanting Geisha, is a textile costume set that consists of a dress, a belt, a petticoat and stockings, with the dress imparting the essential character. Although the dress has two styling features and three well-made embellishments, it has a loose overlock stitched neck, loose single stitched waist, loose overlock stitched seams, thin elastics at the back, a flimsy hook and loop tab closure and loose overlock stitched edges at the hem and closure.

Style 5093, Maleficent Adult, is a textile costume set that consists of a tunic and a hood, with the tunic imparting the essential character. Although the tunic has three styling features and a well-made edge, it has a loose overlock stitched neck, loose overlock stitched seams, a flimsy hook and loop tab closure, raw edges at the arms and loose overlock stitched at the bottom and closure.

Style 9126, Woodland Witch, is a textile costume comprised of a dress. Although the dress has a styling feature and two well-made embellishments, 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 and collar.

The applicable subheading for styles 2308/3189, Geisha Fairy Adult and Geisha Fairy Plus Size, 2472, Enchanting Geisha, 5093, Maleficent Adult, and style 9126, Woodland Witch, 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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