N099238 N0 Ruling Active

The tariff classification of a Skeleton Bride Costume Set from China.

Issued April 2, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

GRI rules applied: GRI 3(b)

Product description

You submitted a sample, identified as an Adult Sized Skeleton Bride Costume Set, which consists of a dress, veil, petticoat, and waist sash with attached peplum. 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 knitted 100% polyester dress imparts the essential character of the set. The bodice of the white dress is printed with an image of a ribcage, spinal column, and a red heart, while skulls decorated with flowers encircle the bottom of the skirt. The dress has black lace sleeves and a small ruffle, also constructed of black lace, which is sewn across the bodice of the garment. It has a loose, visible overlock stitched neck, a hook and loop tab closure, and loose, visible overlock stitched and/or visible raw edges. The sample will be returned to you as requested.

CBP rationale

The applicable subheading for the Adult Sized Skeleton Bride Costume Set 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.

Full text

N099238 April 2, 2010 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Norma Floriano Incharacter Costumes 5950 Nancy Ridge Drive Suite 100 San Diego, CA 92128 RE: The tariff classification of a Skeleton Bride Costume Set from China. Dear Ms. Floriano: In your letter dated March 24, 2010, you requested a tariff classification ruling. You submitted a sample, identified as an Adult Sized Skeleton Bride Costume Set, which consists of a dress, veil, petticoat, and waist sash with attached peplum. 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 knitted 100% polyester dress imparts the essential character of the set. The bodice of the white dress is printed with an image of a ribcage, spinal column, and a red heart, while skulls decorated with flowers encircle the bottom of the skirt. The dress has black lace sleeves and a small ruffle, also constructed of black lace, which is sewn across the bodice of the garment. It has a loose, visible overlock stitched neck, a hook and loop tab closure, and loose, visible overlock stitched and/or visible raw edges. The sample will be returned to you as requested. The applicable subheading for the Adult Sized Skeleton Bride Costume Set 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

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