The tariff classification of Textile Costumes from China.

NY 808813 April 19, 1995 CLA-2-95:S:N:N8:225 808813 CATEGORY: Classification TARIFF NO.: 9505.90.6090 Karen Yost C-Air International, Inc. 11222 S. La Cienega Boulevard Suite 260 Inglewood, CA 90304 RE: The tariff classification of Textile Costumes from China. Dear Ms. Yost: In your letter dated March 28, 1995 you requested a tariff classification ruling on behalf of your client MegaToys. Item 3006, Clown, is a nylon jumpsuit with matching hat. The blue, red and yellow satin finish jumpsuit is gathered at the wrist and ankles. It has a slit opening in the back which is closed with ribbon ties. The blue pompons are glued on the front. The back slit, and wrist and ankle cuffs are finished with visible overlock stitching. The pointed hat is red and yellow with a blue pompon glued on. Item 5112, Harem Girl (adult), has polyester pants and top and thin gauzy veil decorated with silver binding which serve as the ties to hold it on the face. The harem pants are gathered at the waist and ankles. The top is gathered below the bust. The short sleeves are unfinished and decorated with silver binding. The neck opening is a nicely bound slit closed with ribbon ties.  Item 7007, Harem Girl (child), has polyester pants, polyester and chiffon long sleeved blouse and a gauzy veil decorated with silver binding which serve as the ties to hold it on the face. The harem pants are gathered at the waist and ankles. The long sleeved blouse is gathered below the bust and at the wrists. The neck opening is a nicely bound slit closed with ribbon ties. Item 9305, Sultan, has a polyester turban, vest, belt and pants. The turquoise harem type pants are gathered at the waist and ankles. The purple vest is decorated with a gold binding single stitched onto an unfinished seam. The red belt is a long piece of fabric with raw edges. The turquoise turban is one piece of material made to look full by gathering across the top. It is decorated in the front with gold binding which matches the vest's binding. Item 5000, Prisoner Man, mentioned in your letter did not have a sample. However, you stated that it was quite similar to your item 5001, Prisoner Lady. The classification is based upon a review of item 5001. Item 5000 has polyester shirt, pants and hat. The pants are gathered at the waist. The pant let hem is a simple straight stitch. The neck opening of the long sleeved shirt is a nicely bound slit closed with ribbon ties. The shirt hem and sleeve hems are simple visible single stitching. The samples submitted were made in the United States. However, since the future merchandise will be produced in China, your should be aware that Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked with the country of origin as permanently and conspicuously as the article will permit. The samples submitted to this office were found to be not legally marked. Because of the construction of the costumes, which fall within the guidelines of flimsy construction, the applicable subheading for the costumes will be 9505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, Carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other: Other. The duty rate will be free. Your four samples are returned as requested. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport