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NY N022634




February 6, 2008

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 style numbers 220, Butterfly Princess (Child), 2474, Viking Vixen (Adult), 4351, Bushman (Child), 4917, Twinkle Fairy (Child), and style number 5963, Peter Pan (Child), from China

Dear Ms. Guzman:

In your letter dated January 23,2008, you requested a tariff classification ruling.

Style 220, Butterfly Princess (Child), is a flimsy textile costume set that consists of a dress and wings, with the dress imparting the essential character. Although the dress has two styling features, a well-made neck and a well-made embellishment, it has a single straight stitched waist, loose overlock stitched seams, thin elastics at the arms, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, two skirt layers and closure.

Style 2474, Viking Vixen (Adult), is a flimsy textile costume set that consists of a dress, boot covers, a hat and patches, with the dress imparting the essential character. Although the dress has two styling features and a well-made embellishment, it has a loose overlock stitched neck and seams, two flimsy hook and loop closures and raw or loose overlock stitched edges at the arms, bottom, two closures, collar and a styling feature.

Style 4351, Bushman (Child), is a flimsy textile costume set that consists of a robe and a jumpsuit, with the robe imparting the essential character. The robe is overwhelmingly flimsy, with a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, bottom, closure and hood.

Style 4917, Twinkle Fairy (Child), is a flimsy textile costume set that consists of a dress, wings and a petticoat, with the dress imparting the essential character. Although the dress has three styling features and three well-made embellishments, it has a loose overlock stitched neck and seams, a single straight stitched waist, thin elastics at the arms and back, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, bottom and closure.

Style 5963, Peter Pan (Child), is a flimsy textile costume set that consists of a top, pants, a hat and a dickie, with the top imparting the essential character. Although the top has two styling features, a well-made collar edge and two well-made embellishments, it has a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, bottom and two closures.

The applicable subheading for the style numbers 220, Butterfly Princess (Child), 2474, Viking Vixen (Adult), 4351, Bushman (Child), 4917, Twinkle Fairy (Child), and style number 5963, Peter Pan (Child), 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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