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NY M83091

May 5, 2006

CLA-2-95:RR:NC:SP:225 M83091


TARIFF NO.: 9505.90.6000

Ms. Pat Beals
Teetot & Company, Inc.
207 West Crowther Avenue, Suite D
Placentia, CA 92870

RE: The tariff classification of a costume from China.

Dear Ms. Beals:

In your letter dated May 3, 2006, you requested a tariff classification ruling.

You submitted a sample of a Cheerleader Costume identified as style number 41185, which meets the flimsy, non-durable requirements for classification within Chapter 95 and is being returned upon your request. The costume consists of a red, blue and silver nylon top, a red, blue and silver nylon skirt, a pair of pom-poms and a plastic megaphone, with the top imparting the essential character. The top has well-made construction of the neck (bias tape), but it has flimsy construction of the seams, a flimsy string tie closure, and visible overlock stitching at the arms, hem and closure. The costume is packaged in a white shipper with a litho label.

The applicable subheading for the Cheerleader Costume identified as style number 41185 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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