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NY L82755

March 24, 2005

CLA-2-95:RR:NC:SP:225 L82755


TARIFF NO.: 9505.90.6000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a costume from China.

Dear Mr. Crago:

In your letter dated February 4, 2005, and received on March 1, 2005, you requested a tariff classification ruling.

You submitted a sample of a Halloween Ninja Costume identified as style number C079BA00472. The polyester costume consists of a black shirt with an attached hood, black pants, gold belt, black mask, and arm and leg ties, with the shirt imparting the essential character. The shirt has flimsy construction at the hem and seams, a flimsy string tie closure, and flimsy visible overlock stitching at the arms, hem and closure. The costume will be imported in a plastic bag with a hanger and an illustrated cardboard insert, and meets the requirements for classification as a flimsy, non-durable costume within Chapter 95 of the Harmonized Tariff Schedule.

Your sample is being returned as requested.

The applicable subheading for the Halloween Ninja Costume identified as style number C079BA00472 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), 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.

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 Wong at 646-733-3026.


Robert B. Swierupski

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