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NY M83668

May 23, 2006

CLA-2-95: RR: NC: SP: 225 M83668


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 11, 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 350380, Angelic Angel, is a textile costume set that consists of a dress, a halo and wings, with the dress imparting the essential character. Although the dress has a styling feature (multiple layer skirt), a well-made waist and well-made embellishments of sequins, it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, hem and closure.

Style 300781, Tattered Pirate Wench, is a textile costume set that consists of a dress, a belt and a bandanna, with the dress imparting the essential character. Although the dress has a styling feature (raglan sleeves) and a well-made waist, it has a flimsy neck and seams, flimsy thin elastics at the arms and flimsy edges at the arms and hem.

The applicable subheading for style 350380, Angelic Angel, and style 300781, Tattered Pirate Wench, 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”).

We are unable to rule on style 300793, Lady of the Night (Guy), and style 300815, Countess Draculina, with the correct samples. Should you still wish rulings on these costumes, please submit the correct samples along with the paper work that we have returned to you.

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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