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N074327 N0 Ruling Active

The tariff classification of an adult costume from China.

Issued September 14, 2009 by U.S. Customs and Border Protection.

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N0 N074327 (September 14, 2009)

Tariff classification

HTS codes: 6204.43.4030

Headings: 6204

GRI rules applied: GRI 3(b)

Product description

The sample will be returned to you. Style B2679 Upstairs Maid Costume Set consists of a dress, very small apron and headband made of woven satin 100 percent polyester fabric. The dress has a multi-layered skirt short sleeves, finished ruffled neckline and faux ribbon laces down the front with metal grommets. The apron does not protect the dress. The costume is well made with a finished neck, sturdy waist and seams, zipper closure, finished edges, multi-layered skirt, styling and embellishments. General Rule of Interpretation (GRI) 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the dress imparts the essential character of the set.

CBP rationale

The applicable subheading for the Style B2679 Upstairs Maid Costume Set will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, dresses, skirts, divided skirts, trousers,…Dresses: Of synthetic fibers: Other: Other: Other: Women’s.

Full text

N074327 September 14, 2009 CLA-2-62:OT:RR:NC:TA:353 CATEGORY: Classification TARIFF NO.: 6204.43.4030 Ms. Kim Benedetto Seasons USA, Inc. 3434 Heather Lane Wantagh, New York 11793 RE: The tariff classification of an adult costume from China. Dear Ms. Benedetto: In your letter dated August 31, 2009, you requested a tariff classification ruling. The sample will be returned to you. Style B2679 Upstairs Maid Costume Set consists of a dress, very small apron and headband made of woven satin 100 percent polyester fabric. The dress has a multi-layered skirt short sleeves, finished ruffled neckline and faux ribbon laces down the front with metal grommets. The apron does not protect the dress. The costume is well made with a finished neck, sturdy waist and seams, zipper closure, finished edges, multi-layered skirt, styling and embellishments. General Rule of Interpretation (GRI) 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the dress imparts the essential character of the set. The applicable subheading for the Style B2679 Upstairs Maid Costume Set will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, dresses, skirts, divided skirts, trousers,…Dresses: Of synthetic fibers: Other: Other: Other: Women’s." The rate of duty will be 16 percent ad valorem. 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/. 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 Kenneth Reidlinger at (646) 733-3053. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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