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NY N003106

November 16, 2006



TARIFF NO.: 9505.90.6000

Ms. Darla J. Perry
Pony Express Creations, Inc.
9431 Dowdy Drive, Suite A
San Diego, CA 92126

RE: The tariff classification of costumes from China, Hong Kong and Vietnam.

Dear Ms. Perry:

In your letter dated November 2, 2006, you requested a tariff classification ruling.

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

Style 300936, Sancho, is a textile costume that consists of a body suit, over pants, a cape, boot covers, mesh and wrist cuffs, with the body suit imparting the essential character. Although the body suit has styling (front and multiple layer kneepads), it has a flimsy neck, waist and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles, closure and knee pads.

Style 350507, Punksta, is a textile costume set that consists of a top, pants and jewelry, with the top imparting the essential character. Although the top has styling (sleeves), it has a flimsy neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, bottom and closure.

Style 350501, Baby Bat Doll, is a textile costume set that consists of a dress, an overdress, a collar and wings, with the dress imparting the essential character. Although the overdress has styling (puff sleeve) and a well-made lace edge, it has a flimsy neck and seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy edges at the bottom and closure.

The applicable subheading for style 300936, Sancho, style 350507, Punksta, and style 350501, Baby Bat Doll, 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 350505, Vampsta, without the correct sample. Should you still wish a ruling on this costume, please submit the correct costume 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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