N185161 N1 Ruling Active

The tariff classification of a textile costume from China and Vietnam.

Issued October 7, 2011 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

GRI rules applied: GRI 3(b)

Product description

The submitted sample, Rotten to the Core, identified as item number 00366/PC00336/SP00336, is a textile costume constructed of 100% polyester fabric that consists of a top, a pair of pants, and a polyvinyl chloride skull mask. 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 top imparts the essential character. The top has an attached hood and a shoulder drape, jagged edges at the hood, drape, arms and sides. Its hem is raw and its interior seams are loose.

CBP rationale

The applicable subheading for Rotten to the Core 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

N185161 October 7, 2011 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Frank Gomez World Exchange, Inc. 8840 Bellanca Avenue Los Angeles, CA 90045 RE: The tariff classification of a textile costume from China and Vietnam. Dear Mr. Gomez: In your letter dated September 15, 2011, on behalf of California Costumes, Inc., you requested a tariff classification ruling. The submitted sample, Rotten to the Core, identified as item number 00366/PC00336/SP00336, is a textile costume constructed of 100% polyester fabric that consists of a top, a pair of pants, and a polyvinyl chloride skull mask. 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 top imparts the essential character. The top has an attached hood and a shoulder drape, jagged edges at the hood, drape, arms and sides. Its hem is raw and its interior seams are loose. The applicable subheading for Rotten to the Core 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." 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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