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NY N018307




October 15, 2007

CLA-2-95:OT: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 6838654-55, 6808106-08, Ship Wreck Sally, 6838240-42, 6838310-11, 6808151-53, Hills Mutant, and styles 6818011-13, Puppet, from China

Dear Mr. Fragomeli:

In your letter dated September 19, 2007, you requested a tariff classification ruling on the following flimsy costumes, which are being returned upon your request.

Styles 6838654-55, 6808106-08, Ship Wreck Sally, is a textile costume set that consists of a hat, a dress, pants and other accessories, with the dress imparting the essential character. The dress is overwhelmingly flimsy with a loose single stitched neck, loose overlock stitched seams, a flimsy string tie closure and raw edges at the arms, bottom and collar.

Styles 6838240-42, 6838310-11, 6808151-53, Hills Mutant, is a textile costume set that consists of a mask, a shirt, pants, a jacket and an axe, with the jacket imparting the essential character. Although the jacket has a well-made neck, it has loose overlock stitched seams and raw edges at the arms, bottom and closure.

Styles 6818011-13, Puppet, is a textile costume set that consists of a mask, a jacket, a dickie and gloves, with the jacket imparting the essential character. Although the jacket has a styling feature, a well-made edge at the styling feature and a well-made embellishment, it has a loose overlock stitched neck and seams and loose overlock stitched edges at the arms, bottom and closure.

The applicable subheading for styles 6838654-55, 6808106-08, Ship Wreck Sally, 6838240-42, 6838310-11, 6808151-53, Hills Mutant, and styles 6818011-13, Puppet, 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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