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NY N017959




October 4, 2007

CLA-2-95:OT: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 2653/2313, Dragon Fairy, 2654/2312, Grecian Fairy, and styles 2655/2309, Frost Fairy, from China

Dear Ms. Guzman:

In your letter dated September 25, 2007 you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 2653/2313, Dragon Fairy, is a flimsy textile costume set that consists of a dress, wings and glovelettes, with the dress imparting the essential character. Although the dress has three styling features, a well-made edge and a well-made embellishment, it has a loose overlock stitched neck, a loose single straight stitched waist, loose overlock stitched seams, a string tie closure and loose overlock stitched edges at the arms, one styling feature and four bottom layers.

Styles 2654/2312, Grecian Fairy, is a flimsy textile costume set that consists of a dress, wings and glovelettes, 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, a loose single straight stitched waist, loose overlock stitched seams, a hook and loop closure and loose overlock stitched edges at the arms, five bottom layers and closure.

Styles 2655/2309, Frost Fairy, is a flimsy textile costume set that consists of a dress, wings and glovelettes, with the dress imparting the essential character. Although the dress has four styling features and one well-made embellishment, it has a loose overlock stitched neck, a loose single straight stitched waist, loose overlock stitched seams, thin elastics and loose overlock stitched edges at the arms, closure, one styling feature and three bottom layers.

The applicable subheading for styles 2653/2313, Dragon Fairy, 2654/2312, Grecian Fairy, and styles 2655/2309, Frost Fairy, 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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