N074916 N0 Ruling Active

The tariff classification of an adult costume from China.

Issued September 21, 2009 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6114.30.1020

Headings: 6114

GRI rules applied: GRI 3(b)

Product description

The sample will be returned to you. Style B2677 Kitty Corset Costume consists of a corset-like top and headband made of knit polyester fleece fabric. The garment is trimmed with piping and has a leopard design, wide straps and faux ribbon laces on each side. The corset does not provide support to the wearer. The headband has cat ears at the top. 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 corset-like top imparts the essential character of the set.

CBP rationale

The applicable subheading for the Style B2677 Kitty Corset Costume Set will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’.

Full text

N074916 September 21, 2009 CLA-2-61:OT:RR:NC:TA:353 CATEGORY: Classification TARIFF NO.: 6114.30.1020 Ms. Kim Benedetto Seasons USA, Inc. 3434 Heather Lane Wantagh, NY 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 B2677 Kitty Corset Costume consists of a corset-like top and headband made of knit polyester fleece fabric. The garment is trimmed with piping and has a leopard design, wide straps and faux ribbon laces on each side. The corset does not provide support to the wearer. The headband has cat ears at the top. 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 corset-like top imparts the essential character of the set. The applicable subheading for the Style B2677 Kitty Corset Costume Set will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’." The duty rate will be 28.2 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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