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NY M80256




February 8, 2006

CLA-2-95:RR:NC:SP:225 M80256

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
The Paper Magic Group
1107 Broadway, Suite 1414
New York, NY 10010

RE: The tariff classification of costumes from China.

Dear Mr. Fragomeli:

In your letter dated January 28, 2006, you requested a tariff classification ruling.

You submitted the following costumes, which meet the flimsy, non-durable requirements of Chapter 95 and are being returned upon your request.

Item numbers 6808614, 6808615 and 6808616, Glow Fairies Flutterfly, are three sizes of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808599, 6808600 and 6808601, Glow Fairies Sunkiss, are three sizes of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808602, 6808603 and 6808604, Glow Fairies Star, are three sizes of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808605, 6808606 and 6808607, Glow Fairies Heartbright, are three sizes of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808608, 6808609 and 6808610, Glow Fairies Colorbright, are three sizes of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

Item numbers 6808611, 6808612 and 6808613, Glow Fairies Flower, are three styles of a textile costume set that consists of a white dress decorated with a silk-screened fairy, skirt, sleeves and wings, with the dress imparting the essential character. Although the dress has a well-made styling feature (curved darts), well-made construction of the neck (capping) and a well-made embellishment (sequins), the dress has flimsy construction of the seams, a flimsy string tie closure and flimsy edges at the arms, hem and closure.

The applicable subheading for item numbers 6808614, 6808615 and 6808616, Glow Fairies Flutterfly, item numbers 6808599, 6808600 and 6808601, Flow Fairies Sunkiss, item numbers 6808602, 6808603 and 6808604, Glow Fairies Star, item numbers 6808605, 6808606 and 6808607, Glow Fairies Heartbright, item numbers 6808608, 6808609 and 6808610, Glow Fairies Colorbright, and item numbers 6808611, 6808612 and 6808613, Glow Fairies Flower, 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.

Sincerely,

Robert B. Swierupski
Director,

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