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NY M82555




April 24, 2006

CLA-2-95: RR: NC: SP: 225 M82555

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Maria Johnson
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of costumes from China.

Dear Ms. Johnson:

In your letter dated April 7, 2006, you requested a tariff classification ruling.

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

Style 6309, Ariel Dress, is a flimsy textile costume comprised of a dress. Although the dress has four styling features (bust line gathering, sleeve ruffles, multiple layer skirt and fins) and three well-made embellishments (brooch and rick rack on the top and bottom), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

Style 6490, Ariel Dress with Shoes and Tiara is a flimsy textile costume set that consists of a dress, shoes and a tiara, with the dress imparting the essential character. Although the dress has four styling features (bust line gathering, sleeve ruffles, multiple layer skirt and fins) and three well-made embellishments (brooch and rick rack on the top and bottom), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

Style 6495, Ariel Dress, with Wand and Tiara, is a flimsy textile costume set that consists of a dress, a wand and a tiara, with the dress imparting the essential character. Although the dress has four styling features (bust line gathering, sleeve ruffles, multiple layer skirt and fins) and three well-made embellishments (brooch and rick rack on the top and bottom), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

Style 6570, Ariel Dress with Wand and Shoes, is a flimsy textile costume set that consists of a dress, a wand and a pair of shoes, with the dress imparting the essential character. Although the dress has four styling features (bust line gathering, sleeve ruffles, multiple layer skirt and fins) and three well-made embellishments (brooch and rick rack on the top and bottom), it has flimsy construction of the neck, waist and seams, a flimsy hook and loop closure and flimsy edges at the arms, hem and closure.

Style 8504, Corpse, is a flimsy textile costume comprised of a jumpsuit. Although the jumpsuit has well-made construction of the seams and a well-made belt embellishment, it has flimsy construction of the neck and flimsy edges at the arms, hem and hood.

The applicable subheading for style 6309, Ariel Dress, style 6490, Ariel Dress with Shoes and Tiara, style 6495, Ariel Dress, with Wand and Tiara, style 6570, Ariel Dress with Wand and Shoes, and style 8504, Corpse, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTUS), 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.

      Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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