The tariff classification of a costume from China.

NY L82751 March 24, 2005 CLA-2-95:RR:NC:SP:225 L82751 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Troy D. Crago Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of a costume from China. Dear Mr. Crago: In your letter dated February 4, 2005, and received on March 2, 2005, you requested a tariff classification ruling. You submitted a sample of a Halloween Ninja Costume identified as item number C079BA00473. The polyester costume consists of a two-layer black and blue shirt, black pants, a black hood, and a blue belt outlined in gold, with the shirt imparting the essential character. Although the shirt has two layers and a turned neckline, it has flimsy hems and seams, a flimsy string tie closure, and visible overlock stitching at the arms, hem, closure, and simulated outer armor. The costume will be imported in a plastic bag with a hanger and an illustrated cardboard insert, and meets the requirements for classification as a flimsy, non-durable costume within Chapter 95 of the Harmonized Tariff Schedule. Your sample is being returned as requested. The applicable subheading for the Halloween Ninja Costume identified as item number C079BA00473 will be 9505.90.6000, 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." The rate of duty will be Free. 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 Alice Wong at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division