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NY L89660

January 10, 2006

CLA-2-95:RR:NC:SP:225 L89660


TARIFF NO.: 9505.90.6000

Ms. Theresa Shepherd
Small Miracles Inc.
6 E. Pines Drive
Salem, MO 65560

RE: The tariff classification of a costume set from China.

Dear Ms. Shepherd

In your letter dated December 29, 2005, you requested a tariff classification ruling.

You submitted a sample of an ER Staff, which is a textile costume set, and identified as item number 40350. The costume set is being returned upon your request. The set consists of a polyester and woven cotton jacket, top and pants, with the top imparting the essential character. Although the top has a well-made styling feature (pocket), well-made construction of the seams and well-made edges at the pocket, it has flimsy construction of the neck, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure. The costume meets the flimsy, non-durable requirements for classification within Chapter 95 of the HTSUS.

The applicable subheading for the ER Staff identified as item number 40350 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.

We are unable to rule on item number 40210, Hairdresser, item number 17010, Fairy Tutu Playset, item number 40020, Vet, item number 40040, Doctor, item number 40193, Prima Ballerina, and item number 10550, Beauty Queen w/Sash without the correct samples of these costume sets. Should you still wish a ruling on these costume sets, please submit the correct costume samples along with the paperwork that we have returned to you. Also, limit future ruling requests to a maximum of 5 items per letter in order to be accepted.

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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