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NY N018624




October 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group, Halloween Division
345 7th AVE 6 Floor
New York, NY 10001

RE: The tariff classification of styles 6838248-50, Ray-Dioactive, 6838232-33, 6838308-09, 6808148-50, Parasitic Twin, and styles 6838240-41, 6838393-94, 6808154-56, Biohazard Collector, from China

Dear Mr. Fragomeli:

In your letter dated October 11, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 6838240-41, 6838393-94, 6808154-56, Biohazard Collector, are styles of a flimsy textile costume set that consists of a mask, a hood a jumpsuit and gloves, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling feature, it has a raw neck, a single straight stitched waist, loose stitched seams, a flimsy hook and loop tab closure, raw edges at the arms and ankles and a loose overlock stitched edge at the closure.

Styles 6838232-33, 6838308-09, 6808148-50, Parasitic Twin, are styles of a flimsy textile costume set that consists of a smock with attached parasite and a pair of pants, with the smock imparting the essential character. Although the smock has a styling feature, it has a raw neck, loose stitched seams, a flimsy string tie closure and raw edges at the arms, bottom and closure.

Styles 6838248-50, Ray-Dioactive, are styles of a flimsy textile costume set that consists of a mask, a shirt and pants, with the shirt imparting the essential character. Although the shirt has two styling features, it has a raw neck, loose stitched seams, a flimsy hook and loop tab closure, and loose overlock stitched or raw edges at the arms, bottom and closure.

The applicable subheading for styles 6838248-50, Ray-Dioactive, 6838232-33, 6838308-09, 6808148-50, Parasitic Twin, and styles 6838240-41, 6838393-94, 6808154-56, Biohazard Collector 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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