10 newer rulings cite the same tariff codes.

Classification can shift over time. Review the more recent rulings below before relying on this one.

N128560 N1 Ruling Active

The tariff classification of a skirt from China.

Issued November 5, 2010 by U.S. Customs and Border Protection.

Cite this ruling

Copies to clipboard

N1 N128560 (November 5, 2010)

Tariff classification

HTS codes: 6104.43.2020

Headings: 6104

Product description

The sample will be returned to you. The submitted sample Style CS11-0019C, identified as Witchy Skirt is a costume skirt made of knit 100 percent polyester fabric. The drop-style skirt has an elasticized waist, a sheer skirt with a woven polyester lining and trim with reflective circles at the drop waist. The garment is well made with sturdy waist, seams and styling.

CBP rationale

The applicable subheading for Style CS11-0019C Witchy Skirt will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’…dresses, skirts, divided skirts…knitted or crocheted: Dresses: Of synthetic fibers: Other, Girls’.

Full text

N128560 November 5, 2010 CLA-2-61:OT:RR:NC:TA:353 CATEGORY: Classification TARIFF NO.: 6104.43.2020 Ms. Kim Benedetto Seasons USA, Inc. 3434 Heather Lane Wantagh, New York 11793 RE: The tariff classification of a skirt from China. Dear Ms. Benedetto: In your letter dated October 19, 2010, you requested a tariff classification ruling. The sample will be returned to you. The submitted sample Style CS11-0019C, identified as Witchy Skirt is a costume skirt made of knit 100 percent polyester fabric. The drop-style skirt has an elasticized waist, a sheer skirt with a woven polyester lining and trim with reflective circles at the drop waist. The garment is well made with sturdy waist, seams and styling. You state that you believe the costume skirt is properly classified under heading 9505 as a “festive article.” Costumes are considered “fancy dress.” The Court of Appeals ruled on the classification of costumes in its decision in Rubie’s Costume Co. v. United States, slip op 02-1373 (Fed. Cir. Aug. 1, 2003). The decision stated that all flimsy, non-durable textile costumes that are not ordinary articles of apparel are classified under 9505.90.6000 (flimsy); all textile costumes that do not meet flimsy, non-durable standards (well made), or are ordinary articles of apparel are classified in chapters 61 or 62. The overall amount of finishing is such that the article is neither flimsy in nature or construction, nor lacking in durability; your costume skirt is well made. The applicable subheading for Style CS11-0019C Witchy Skirt will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’…dresses, skirts, divided skirts…knitted or crocheted: Dresses: Of synthetic fibers: Other, Girls’." The rate of duty will be 16 percent ad valorem. The 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

View original on CBP CROSS →

More rulings on the same tariff codes

Follow N128560

Get an email if this ruling is revoked or modified, or a newer ruling supersedes it.

One email per day at most. Confirm your address once, unsubscribe anytime.

Searching CBP rulings the smart way

Rulings are precedent. See which ones apply to your product: TariffLens semantically searches all 200,000+ CBP rulings and builds defensible classifications backed by ruling citations.