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NY N020251




November 29, 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 6808118A, 6808119B and 6808120C, Sloth, and styles 6838604 and 6838605, Hello Kitty the Twist Kitty, from China

Dear Mr. Fragomeli:

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

Styles 6808118A, 6808119B and 6808120C, Sloth, are three styles of a knit polyester flimsy costume that consists of a printed top, printed pants, an eye mask, etc., with the printed top imparting the essential character. Although the top has a styling feature, it has a loose overlock stitched neck and seams and loose overlock stitched or raw edges at the bottom, closure, collar and styling feature.

Styles 6838604 and 6838605, Hello Kitty the Twist Kitty, are two styles of a woven polyester flimsy costume that consists of a top, a skirt, a petticoat, etc., with the top imparting the essential character. Although the top has two styling features, it has a loose overlock stitched neck and seams, flimsy thin elastics, a flimsy hook and loop tab closure and loose overlock stitched edges at the arms, bottom, closure, collar and styling features.

The applicable subheading for styles 6808118A, 6808119B and 6808120C, Sloth, and styles 6838604 and 6838605, Hello Kitty the Twist Kitty, 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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