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NY N018878




October 26, 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 3647, Genie Adult, 5173, Thor Muscle Adult, 5787, Hulk Adult, 5839, Radioactive Man, and style 5840, Mr. Burns Quality, from China

Dear Ms. Guzman:

In your letter dated October 17, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Style 3647, Genie Adult, is a flimsy textile costume set that consists of a top, pants and a headpiece, with the top imparting the essential character. Although the top has a well-made embellishment, it has overwhelmingly flimsy construction, elastics and edges.

Style 5173, Thor Muscle Adult, is a flimsy textile costume set that consists of a top and helmet, with the top imparting the essential character. Although the top has four styling features and a well-made embellishment, it has a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and loose or raw edges at the arms, bottom, closure and two styling features.

Style 5787, Hulk Adult, is a flimsy textile costume set that consists of a jumpsuit and a mask, with the jumpsuit imparting the essential character. Although the jumpsuit has three styling features, it has a loose overlock stitched neck and seams, loose single stitched waist, a flimsy hook and loop tab closure and loose or raw edges at the arms, ankles, closure and three styling features.

Style 5839, Radioactive Man, is a flimsy textile costume set that consists of a jumpsuit, cap, belt and gloves, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features, it has a loose overlock stitched neck and seams, loose single stitched waist, a flimsy hook and loop tab closure and loose or raw edges at the arms, ankles, closure and a styling feature.

Style 5840, Mr. Burns Quality, is a flimsy textile costume set that consists of a jacket, a dickey, pants and a half cap, with the jacket imparting the essential character. Although the jacket has a well-made neck and well-made collar edge, it has loose overlock stitched seams, a flimsy hook and loop tab closure and loose or raw edges at the arms, bottom and closure.

The applicable subheading for styles 3647, Genie Adult, 5173, Thor Muscle Adult, 5787, Hulk Adult, 5839, Radioactive Man, and style 5840, Mr. Burns Quality, 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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