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NY M83287

May 31, 2006

CLA-2-95: RR: NC: SP: 225 M83287


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 costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated May 17, 2006, you requested a tariff classification ruling.

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

Style, 350435, Skeleton Pirate, is a textile costume set that consists of a shirt, a vest, a sash, a headscarf, pants and shorts, with the shirt imparting the essential character. Although the shirt has a well-made neck and seams, it has a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 300872, Blue Hair Flasher, is a textile costume set that consists of a jumpsuit and a robe, with the jumpsuit imparting the essential character. Although the jumpsuit has two styling features (breasts and underarm hair), well-made edges at the breasts and well-made pubic hair embellishments, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure.

Style 350431, Economy Delta Force, is a textile costume set that consists of a jacket and pants, with the jacket imparting the essential character. Although the jacket has a styling feature (pocket) and a well-made neck, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem, closure and pocket.

The applicable subheading for style, 350435, Skeleton Pirate, style 300872, Blue Hair Flasher, and style 350431, Economy Delta Force, 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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