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NY M85842




August 29, 2006

CLA-2-95:RR:NC:SP:225 M85842

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
The Paper Magic Group
345 7th Avenue, 6th Floor
New York, NY 10001

RE: The tariff classification of costumes from China.

Dear Mr. Fragomeli:

In your letter dated August 10, 2006, you requested a tariff classification ruling.

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

Item 68012482T, 68012493T&4T, 6801189S, 6801191M, 6801192L, Forest Ninja, is a textile costume set that consists of a jumpsuit and a hood, with the jumpsuit imparting the essential character. Although the jumpsuit has styling (multiple layer waist flap), a well-made neck and a well-made belt embellishment, it has a flimsy waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles, closure and waist flap.

Item 3801313S, 6801314M, 6801315L, 6801583S, 6801584M, 6801585L, Undead Fred (Adult/Child), is a textile costume set that consists of a shirt/top and a headband, with the shirt/top imparting the essential character. Although the shirt/top has a multiple layer front (gauze), it has flimsy construction of the neck and seams and flimsy edges at the arms, bottom and gauze layers.

The applicable subheading for item 68012482T, 68012493T&T, 6801189S, 6801191M, 6801192L, Forest Ninja, and item 3801313S, 6801314M, 6801315L, 6801583S, 6801584M, 6801585L, Undead Fred (Adult/Child), will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HSTUS), 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 item 68014232T and 68014243T&4T, Pinky Cat, item 6801379S, Chicken Cordon Bleu, and item 6801319S, 6801321M, 6801322l, 40’s Gangster, without the correct samples. Should you still wish a ruling on these, please submit the correct samples along with your ruling request and the material 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.

Sincerely,

Robert B. Swierupski
Director,

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