HQ 957318: Ruling regarding Traveler Trading's costume merchandise of flimsy nature and construction, and lacking durability; Classification in heading 9505.90.6090, HTSUSA, as festive, carnival, or other entertainment articles; Issued pursuant to settlement agreement of October 18, 1994

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 957318

                        November 15, 1994

CLA-2 CO:R:C:T 957318 CMR

CATEGORY: Classification

TARIFF NO.: 9505.90.6090

Richard D. Shapiro, Esq.
Hellring, Lindeman, Goldstein & Siegal
One Gateway Center
Newark, New Jersey 07102-5386

RE: Ruling regarding Traveler Trading's costume merchandise of
    flimsy nature and construction, and lacking durability;  
    Classification in heading 9505.90.6090, HTSUSA, as festive,
    carnival, or other entertainment articles; Issued pursuant
    to settlement agreement of October 18, 1994

Dear Mr. Shapiro:

     Customs is issuing this ruling to you, as agent for your
client, Traveler Trading.  This ruling is being issued in
compliance with the settlement agreement of October 18, 1994,
reached by the United States (Customs) and Traveler Trading in
the matter of Traveler Trading Co., Inc. v. United States of
America, Court No. 91-02-00084.

     This classification ruling is directed to the classification
of certain merchandise, i.e., costumes, imported by Traveler
Trading Inc.  These costumes are of a flimsy nature and
construction, lack durability, and are generally recognized as
not normal articles of apparel.  While we have no samples before
us, the articles which were the subject of the recently settled
case, Court No. 91-02-00084, are within this description and are
representative of the type of costume to which we refer.

     Provided the costumes imported in the future meet the
description stated above, Customs will classify them as festive
articles in subheading 9505.90.6090, HTSUSA.  Articles classified
therein are dutiable at 3.1 percent ad valorem and are not
subject to textile quota/visa requirements.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division