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NY M83608





May 22, 2006

CLA-2-95: RR: NC: SP: 225 M83608

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 May 4, 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 1963, Transylvania Temptress, is a textile costume set that consists of a dress, collar, overskirt, petticoat and a mask, with the dress imparting the essential character. Although the dress has three styling features (bust line, multiple layer skirt and gathering at the skirt), well-made edges at the hem, and well-made lace embellishments, it has a flimsy neck, waist and seams, flimsy thin elastics at the front and skirt, a flimsy hook and loop tab closure and flimsy edges at the arms and closure.

Style 1965, Tavern Tease, is a textile costume set that consists of a dress, cap, corset, apron and underskirt, with the dress imparting the essential character. Although the dress has a styling feature (dropped waist), well-made edges at the hem and well-made embellishments (a belt and rick rack), it has a flimsy neck, waist and seams and flimsy edges at the arms.

Style 4315, Crypt Lord, is a textile costume set that consists of a robe, vinyl chest piece, crown and vinyl mask, with the robe imparting the essential character. Although the robe has two styling features (multiple layer sleeve and front), well-made edges at the arms and a well-made ribbon embellishment at the arms, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the hem and closure.

Style 4317, Road Lord, is a textile costume set that consists of a jacket, finger gloves, a vinyl mask and buttons, with the jacket imparting the essential character. Although the jacket has a well-made neck, it has flimsy seams and a flimsy hook and loop tab closure.

Style 3624, Grave Robber, is a textile costume set that consists of a jacket, a dickie, shoulder pads, buttons and a vinyl mask, with the jacket imparting the essential character. Although the jacket has a well-made neck, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

The applicable subheading for style 1963, Transylvania Temptress, style 1965, Tavern Tease, style 4315, Crypt Lord, style 4317, Road Lord, and style 3624, Grave Robber, 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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