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NY L89781

January 19, 2006

CLA-2-95:RR:NC:SP:225 L89781


TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group
345 Seventh Avenue, 6th Floor
New York, NY 10019

RE: The tariff classification of a costume from China.

Dear Mr. Fragomeli:

In your letter dated January 9, 2006, you requested a tariff classification ruling.

You submitted the following costume, which meets the flimsy, non-durable requirements and is being returned per your request:

Item numbers 6808408A, 6808409A, 6808440A, 6808441A, 6808445A, 6808446A, 6808450A, 6808451A, 6808455A-57A, 6808442A-44A, 6808447A-49A, 6808452A-54A, 6808645A-47A, 6808648A-50A, 6808567A-69A, and 6808651A-53A, Southern Belle, are various sizes of a textile costume set that consists of a polyester dress, a polyester pink skirt, a pair of polyester gloves and a polyester hat, with the skirt imparting the essential character. Although the skirt has two well-made styling features (ruffles and two layers), well-made edges at the top and ruffles and a well-made embellishment (a bow), it has flimsy construction of the waist and seams, a flimsy hook and loop tab closure and flimsy edges at the closure and skirt.

The applicable subheading for the Southern Belle costume set in the sizes described above 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.

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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