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NY N012213

June 7, 2007



TARIFF NO.: 9505.90.6000

Mr. Ken August
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a flimsy costume from China.

Dear Mr. August:

In your letter dated May 31, 2007, you requested a tariff classification ruling.

You have requested a ruling on the following costume, which meets the flimsy, non-durable requirements for classification within Chapter 95, and is being returned, upon your request.

Item 100852, Elvis Presley Child White Jumpsuit, is a textile costume set that was previously examined (as item 40085, Elvis Presley, Child) and determined to be flimsy under Preclassification PC J80997, dated April 16, 2003, issued to Pony Express Creations, Inc., which has been recently acquired by Fun World. The construction of the costume has not changed.

The costume consists of a textile white shirt, pants and a belt, with the shirt imparting the essential character. Although the shirt has two well-made embellishments, it has flimsy and loose overlock stitching of the neck and seams and flimsy and loose overlock stitched edges at the arms and bottom.

The applicable subheading for item 100852, Elvis Presley Child White Jumpsuit, 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 "Consumer Protection,” “Business Information,” “Clothing & Textiles,” “Threading Your Way Through the Labeling Requirement”).

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 Wayne Kessler at 646-733-3026.


Robert B. Swierupski

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