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NY J82995




April 8, 2003

CLA-2-95:RR:NC:SP:225 J82995

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Anna Maria Salas Rogalski
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of Primal Queen Tiara Headpiece from China

Dear Ms. Rogalski:

In your letter dated March 25, 2003 you requested a tariff classification ruling.

The sample, Style # 1934, is called Primal Queen Tiara Headpiece and is made out of rubber and gives the appearance of a metal tiara decorated with skeletons and pearls. An elastic band sewn to the sides encircles the back of the head and holds the tiara in place.

Although called a tiara, the item is not classified in Heading 9615 because it is not rigid or semi-rigid. It is not classifiable in Chapters 61 or 62 because it is not textile. Designed to be an accessory to a costume, the item is classified within Heading 9505.

Your sample is returned as requested.

The applicable subheading for the Primal Queen Tiara Headpiece will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive Carnival or other entertainment articles, : Other: Other. The rate of duty will be free.

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 Alice J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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