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NY N015394




August 9, 2007

CLA-2-95:RR:NC:N2:225

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Lane Fragomeli
Paper Magic Group, Halloween Division
345 7th AVE 6 Floor
New York, NY 10001

RE: The tariff classification of Styles 6838267-6838269, 6838622, 6838623, 6808023-6808025, Devil Fairy, 6838056, 6838057, 6838321-6838323, 6838628, 6838629, 6808033-6808035, 6838022, 6838023, Gothic Devil Girl, 6838038, 6838039, 6838312-6838314, Pretty Princess, 6838060, 6838061, 6838360-6838362, Angel of the Morning, and 6838018, 6838019, 6838261-6838263, 6838616, 6838617, 6808013-6808015, Pirate Girl W/Striped Skirt, from China

Dear Mr. Fragomeli:

In your letter dated August 3, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 6838267-6838269, 6838622, 6838623, 6808023-6808025, Devil Fairy, are eight styles of a flimsy textile costume set that consists of a dress, over skirt and wings, with the dress imparting the essential character. Although the dress has two styling features, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams and flimsy and loose, visible overlock stitched edges at the arms, bottom and one styling feature.

Styles 6838056, 6838057, 6838321-6838323, 6838628, 6838629, 6808033-6808035, 6838022, 6838023, Gothic Devil Girl, are twelve styles of a flimsy textile costume set that consists of a dress, overskirt and a collar, with the dress imparting the essential character. Although the dress has two styling features, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop tab closure and flimsy and loose, visible overlock stitched edges at the arms, bottom and closure.

Styles 6838038, 6838039, 6838312-6838314, Pretty Princess, are five styles of a flimsy textile costume set that consists of a dress and overskirt, with the dress imparting the essential character. The dress has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, a flimsy hook and loop tab closure and flimsy and loose, visible overlock stitched edges at the arms, bottom and closure.

Styles 6838060, 6838061, 6838360-6838362, Angel of the Morning, are five styles of a flimsy textile costume set that consists of a dress, over skirt and wings, with the dress imparting the essential character. Although the dress has three styling features and well-made edges on one styling feature, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, flimsy thin elastics at the arms and flimsy and loose, visible overlock stitched edges at the arms and bottom.

Styles 6838018, 6838019, 6838261-6838263, 6838616, 6838617, 6808013-6808015, Pirate Girl W/Striped Skirt, are ten styles of a flimsy textile costume set that consists of a dress, head scarf, petticoat and boots, with the dress imparting the essential character. Although the dress has two styling features, it has a flimsy and loose, visible overlock stitched neck, a flimsy and loose, single straight stitched waist, flimsy and loose, visible overlock stitched seams, flimsy thin elastics at the arms, a flimsy hook and loop tab closure and flimsy and loose, visible overlock stitched edges at the arms, bottom and closure.

The applicable subheading for Styles 6838267-6838269, 6838622, 6838623, 6808023-6808025, Devil Fairy, 6838056, 6838057, 6838321-6838323, 6838628, 6838629, 6808033-6808035, 6838022, 6838023, Gothic Devil Girl, 6838038, 6838039, 6838312-6838314, Pretty Princess, 6838060, 6838061, 6838360-6838362, Angel of the Morning, and 6838018, 6838019, 6838261-6838263, 6838616, 6838617, 6808013-6808015, Pirate Girl W/Striped Skirt, 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”).

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.

Sincerely,

Robert B. Swierupski
Director,

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