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HQ 957318

November 15, 1994

CLA-2 CO:R:C:T 957318 CMR


TARIFF NO.: 9505.90.6090

Richard D. Shapiro, Esq.
Hellring, Lindeman, Goldstein & Siegal
One Gateway Center
Newark, New Jersey 07102-5386

RE: Ruling regarding Traveler Trading's costume merchandise of flimsy nature and construction, and lacking durability; Classification in heading 9505.90.6090, HTSUSA, as festive, carnival, or other entertainment articles; Issued pursuant to settlement agreement of October 18, 1994

Dear Mr. Shapiro:

Customs is issuing this ruling to you, as agent for your client, Traveler Trading. This ruling is being issued in compliance with the settlement agreement of October 18, 1994, reached by the United States (Customs) and Traveler Trading in the matter of Traveler Trading Co., Inc. v. United States of America, Court No. 91-02-00084.

This classification ruling is directed to the classification of certain merchandise, i.e., costumes, imported by Traveler Trading Inc. These costumes are of a flimsy nature and construction, lack durability, and are generally recognized as not normal articles of apparel. While we have no samples before us, the articles which were the subject of the recently settled case, Court No. 91-02-00084, are within this description and are representative of the type of costume to which we refer.

Provided the costumes imported in the future meet the description stated above, Customs will classify them as festive articles in subheading 9505.90.6090, HTSUSA. Articles classified therein are dutiable at 3.1 percent ad valorem and are not subject to textile quota/visa requirements.


John Durant, Director
Commercial Rulings Division

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