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NY N020301





December 3, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Irene Tsiavos
Fun World
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a flimsy costume from China, Taiwan, India and Vietnam. Correction to Ruling Number N019296

Dear Ms. Tsiavos:

This replaces Ruling Number N019296, dated November 9, 2007 which contained a clerical error. In the original ruling letter, the importer mistakenly listed the style numbers for the costume as 102044 and 102044H when the correct style numbers should have been 112044 and 112044H. A complete corrected ruling follows.

Styles 112044 and 112044H, Matee Costume, are two styles of a flimsy textile costume set made of knit polyester. Each style consists of a top, a skirt, a bandanna, arm ties and a belt, with the top imparting the essential character. The top is overwhelmingly flimsy, with loose overlock stitched neck and seams, flimsy thin elastics and loose overlock stitched edges at the arms and bottom.

The applicable subheading for styles 112044 and 112044H, Matee Costume, 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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