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NY M86885

September 29, 2006

CLA-2-95:RR:NC:SP:225 M86885


TARIFF NO.: 9505.90.6000

Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of a costume from Hong Kong.

Dear Mr. Gomez:

In your letter dated September 20, 2006, on behalf of your client, California Costumes, Inc., you requested a tariff classification ruling.

You submitted the following textile costume, which meets the flimsy, non-durable requirements of Chapter 95 and is being returned upon your request.

Item M00224, Skeleton (Child), is a textile costume set that consists of a jumpsuit and a mask, with the jumpsuit imparting the essential character. Although the jumpsuit has a well-made neck and hanger loops, it has flimsy seams, a flimsy string tie closure and flimsy edges at the arms, ankles and closure. You indicate that the costume will also be imported in adult and teen sizes of the same construction.

The applicable subheading for item M00224, Skeleton, 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 item M00212, Ninja Master, without the correct sample. Should you still wish a ruling on this costume, please submit the correct costume sample along with 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.


Robert B. Swierupski

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