N274794 N2 Ruling Active

The tariff classification of costumes from China.

Issued April 28, 2016 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 first submitted sample, identified as the Children’s Reaper Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144352 in child size medium and item number 5144353 in child size large. The second submitted sample, identified as the Children’s Clown Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144409 in child size medium and item number 5144410 in child size large. The third submitted sample, identified as the Children’s Dead Walker Mad Creeper Costume, consists of a long sleeved robe and a hooded mask. GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been

CBP rationale

The applicable subheading for the Reaper Mad Creeper, Clown Mad Creeper, Dead Walker Mad Creeper and Screaming Ghost Mad Creeper Costumes 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

N274794 April 28, 2016 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Lois Lyons Seasonal Visions International, Inc. 5701 Hollis Street Emeryville, CA 94608 RE: The tariff classification of costumes from China. Dear Ms. Lyons: In your letter dated February 22, 2016, but received on April 13, 2016, you requested a tariff classification ruling. The first submitted sample, identified as the Children’s Reaper Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144352 in child size medium and item number 5144353 in child size large. The second submitted sample, identified as the Children’s Clown Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144409 in child size medium and item number 5144410 in child size large. The third submitted sample, identified as the Children’s Dead Walker Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144337 in child size medium and item number 5144338 in child size large. The fourth submitted sample, identified as the Children’s Screaming Ghost Mad Creeper Costume, consists of a long sleeved robe and a hooded 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.” The flimsy robe, which is constructed of knit 100% polyester fabric, imparts the essential character of the set. The robe features raw jagged cut edges on the sleeves and hem. The robe also features a large back opening with large, visible, loose overlock stitching with hanging threads that is closed with small hook and loop tabs. The costume will be imported under item number 5144411 in child size medium and item number 5144412 in child size large. The applicable subheading for the Reaper Mad Creeper, Clown Mad Creeper, Dead Walker Mad Creeper and Screaming Ghost Mad Creeper Costumes 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/current. 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 [email protected]. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division

View original on CBP CROSS →

More rulings on the same tariff codes

Searching CBP rulings the smart way

TariffLens semantically searches all 200,000+ CBP rulings, surfaces the ones that actually match your product, and builds defensible classifications backed by ruling citations.

Book a demo →