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NY N022815




February 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Luz Guzman
Disguise, Inc.,
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of styles 1317, I Want You (Adult), 3650, Bloody Butcher (Adult), 4350, Trash Can (Child), 4352, Construction Cone (Child), and style number 31005, Devil (Adult), from China

Dear Ms. Guzman:

In your letter dated January 28, 2008, you requested a tariff classification ruling.

Style 1317, I Want You (Adult), is a flimsy textile costume set that consists of a top, a skirt, a cape and a hat, with the top imparting the essential character. Although the top has two styling features, a well-made neck and a well-made embellishment, it has loose overlock stitched seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, bottom, closure and one styling feature.

Style 3650, Bloody Butcher (Adult), is a flimsy textile costume set that consists of an apron, a mask and a weapon, with the apron imparting the essential character. Although the apron has a well-made embellishment, it has a loose overlock stitched neck and raw or loose overlock stitched edges at the arms and bottom.

Style 4350, Trash Can (Child), is a flimsy textile costume set that consists of a jumpsuit and a hat, with the jumpsuit imparting the essential character. Although the jumpsuit has three styling features, it has a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the bottom and closure.

Style 4352, Construction Cone (Child), is a flimsy textile costume set that consists of a jumpsuit and a hat, with the jumpsuit imparting the essential character. Although the jumpsuit has three styling features, it has a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the bottom and closure.

Style 31005, Devil (Adult), is a flimsy textile costume set that consists of a dress, a shrug, horns and wings, with the dress imparting the essential character. Although the dress has three styling features and a well-made embellishment, it has a loose overlock stitched neck and seams, a flimsy hook and loop tab closure and raw or loose overlock stitched edges at the arms, bottom and closure.

The applicable subheading for styles 1317, I Want You (Adult), 3650, Bloody Butcher (Adult), 4350, Trash Can (Child), 4352, Construction Cone (Child), and style number 31005, Devil (Adult), 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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