CLA-2-95:OT:RR:NC:N2:225
Ms. Irene Tsiavos
Fun World
80 Voice Road
Carle Place, NY 11514
RE: The tariff classification of style #s 120223 & 120223H – Teen Convict, 120224 & 120224H – Adult Convict, 120225 & 120225H – Plus Convict, and 120226 & 120226H – Junior Convict, 120363 & 120363H – Teen Bumblebee, 120364 & 120364H – Adult Bumblebee, 120365 & 120365H – Plus Bumblebee, and 120366 & 120366H – Junior Bumblebee, 120243 & 120243H – Teen Devil Delight, 120244 & 120244H – Adult Devil Delight, 120245 & 120245H – Plus Devil Delight, and 120246 & 120246H – Junior Devil Delight, from China
Dear Ms. Tsiavos:
In your letter dated February, 18, 2009, you requested a tariff classification ruling.
You have requested rulings on the following textile costumes, which meet the flimsy, non-durable requirements for classification within Chapter 95.
Style #s 120223 & 120223H – Teen Convict, 120224 & 120224H – Adult Convict, 120225 & 120225H – Plus Convict, and 120226 & 120226H – Junior Convict, is a flimsy costume that consists of a black textile dress and a black conical-shaped hat, with the dress imparting the essential character. Although the dress has a styling feature, a well-made neck and a well-made styling feature edge, it has loose visible overlock stitched seams, a string tie closure and visible loose overlock stitched and/or raw edges at the arms, hem and closure.
Style #s 120363 & 120363H – Teen Bumblebee, 120364 & 120364H – Adult Bumblebee, 120365 & 120365H – Plus Bumblebee, and 120366 & 120366H – Junior Bumblebee, is a flimsy costume that consists of a black textile dress and a black conical-shaped hat, with the dress imparting the essential character. Although the dress has a styling feature, a well-made neck and a well-made styling feature edge, it has loose visible overlock stitched seams, a string tie closure and visible loose overlock stitched and/or raw edges at the arms, hem and closure.
Style #s 120243 & 120243H – Teen Devil Delight, 120244 & 120244H – Adult Devil Delight, 120245 & 120245H – Plus Devil Delight, and 120246 & 120246H – Junior Devil Delight, is a flimsy costume that consists of a black textile dress and a black conical-shaped hat, with the dress imparting the essential character. Although the dress has a styling feature, a well-made neck and a well-made styling feature edge, it has loose visible overlock stitched seams, a string tie closure and visible loose overlock stitched and/or raw edges at the arms, hem and closure.
The applicable subheading for style #s 120223 & 120223H – Teen Convict, 120224 & 120224H – Adult Convict, 120225 & 120225H – Plus Convict, and 120226 & 120226H – Junior Convict, 120363 & 120363H – Teen Bumblebee, 120364 & 120364H – Adult Bumblebee, 120365 & 120365H – Plus Bumblebee, and 120366 & 120366H – Junior Bumblebee, 120243 & 120243H – Teen Devil Delight, 120244 & 120244H – Adult Devil Delight, 120245 & 120245H – Plus Devil Delight, and 120246 & 120246H – Junior Devil Delight,, 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
National Commodity Specialist Division