The tariff classification of costumes from China.

NY M86364 September 20, 2006 CLA-2-95:RR:NC:SP:225 M86364 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Lane Fragomeli The Paper Magic Group 345 7th Avenue, 6th Floor New York, NY 10001 RE: The tariff classification of costumes from China. Dear Mr. Fragomeli: In your letter dated August 31, 2006, you requested a tariff classification ruling. You submitted the following costumes, which meet the flimsy requirements for classification within Chapter 95 and are being returned upon your request. Item 6801387S, 6801388M, 6801389L, Retro Astro, is a textile costume set that consists of a jumpsuit, a helmet and a chest pack, with the jumpsuit imparting the essential character. Although the jumpsuit has a styling feature (fly), well-made construction of the waist and a well-made edge at the fly, it has flimsy construction of the neck and seams, a flimsy hook and loop tab closure and flimsy edges at the arms, ankles and closure. Item 6801514S, 6801515M, 6801516L, Satan’s Cape, is a textile costume set that consists of a cape and plastic horns, with the cape imparting the essential character. Although the cape has three styling features and well-made seams, it has a flimsy neck, a flimsy string tie closure and flimsy edges at the arms, closure and styling features. Item 6801391S, 6801392M, 6801393L, Gypsy Moth, is a textile costume set that consists of a dress, a bolero, wings and arm bands, with the dress imparting the essential character. Although the dress has gathered sleeve styling and a well- made neck, it has flimsy seams, a flimsy hook and loop tab closure and flimsy edges at the arms and closure. The applicable subheading for item 6801387S, 6801388M, 6801389L, Retro Astro, item 6801514S, 6801515M, 6801516L, Satan’s Cape, and item 6801391S, 6801392M, 6801393L, Gypsy Moth, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HSTUS), 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”). We are unable to rule on item 6801623S, Sophisticated Witch, and item 6801278S, Buccaneer Bonny, without the correct samples of these costumes. Should you still wish a ruling on these costumes, please submit the correct sample along with the material that we have returned to you. 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