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NY M82959

May 1, 2006

CLA-2-95:RR:NC:SP:225 M82959


TARIFF NO.: 9505.90.6000

Ms. Darla J. Perry
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

RE: The tariff classification of a costume from China and Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated April 21, 2006, you requested a tariff classification ruling.

You have requested a ruling on style 350405, Spiderella Toddler, which is a textile costume set that meets the flimsy, non-durable requirements for classification within Chapter 95 and is being returned to you upon your request. The costume set consists of a dress and cape, with the dress imparting the essential character. Although the dress has a styling feature (multiple layers), well-made construction of the waist and seams and well-made rick rack embellishments, it has flimsy construction of the neck, flimsy thin elastics sewn directly to the fabric at the arms, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 350405, Spiderella Toddler, 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.

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.


Robert B. Swierupski

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