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NY M83464




May 17, 2006

CLA-2-95:RR:NC:SP:225 M83464

CATEGORY: CLASSIFICATION

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 9, 2006, you requested a tariff classification ruling.

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

Style 30033, Shooters Waitress, is a textile costume set that consists of a tank top and shorts, with the tank top imparting the essential character. Although the top has a styling feature (bust) and a well-made ribbon trim embellishment, it has a flimsy neck and seams and flimsy edges at the arms and hem.

Style 300597, Draco Dark Underlord, is a textile costume set comprised of a robe. Although the robe has a styling feature (multiple layer front), a well-made waist, a well-made closure and well-made chain embellishments, it has a flimsy neck and seams and flimsy edges at the arms, hem and closure.

Style 300600, Dark Angel, is a textile costume set that consists of a dress, wings, halo and sleeves, with the dress imparting the essential character. Although the dress has two styling features (darts and a multiple layer skirt), a well-made neck and well-made embellishments (belts and lace on collar), it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms and hem.

Style 350334, Cowboy, is a textile costume set that consists of a vest, a bandana, a shirt and pants, with the vest imparting the essential character. Although the vest has well-made tape embellishments, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 30033, Shooters Waitress, style 300597, Draco Dark Underlord, style 300600, Dark Angel, and style 350334, Cowboy, 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.

Sincerely,

Robert B. Swierupski
Director,

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