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NY L86405

August 3, 2005

CLA-2-95:RR:NC:SP:225 L86405


TARIFF NO.: 9505.90.6000

Ms. Leah C. Navidad
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a costume from China.

Dear Ms. Navidad:

In your letter dated July 13, 2005, you requested a tariff classification ruling.

You submitted a sample of Captain Feathersword Deluxe identified as style 5625, which is a textile costume that meets the flimsy, non-durable requirements and is being returned upon your request.

The costume consists of a red and white shirt with an attached vest made of 100% polyester, a pair of 100% polyester well-made blue pants with attached sash and black boot covers, and a black hat with an attached red feather, with the shirt imparting the essential character. Although the shirt has two well-made styling features (vest and collar) and well-made construction of the neck, it has flimsy construction of the seams, flimsy thin elastic sewn directly to the fabric at the arms, a flimsy hook and loop tab closure, raw edges at the arms, and visible overlock stitching at the hem, closure and vest.

The applicable subheading for Captain Feathersword Deluxe identified as style 5625 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.

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 Alice Wong at 646-733-3026.


Robert B. Swierupski

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