N279444 N2 Ruling Active

The tariff classification of a costume from China.

Issued September 21, 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 submitted sample, identified as style number CS17-0039, the Adult Size Vampire Costume, consists of a long dress, a collar and arm covers that you refer to as glovelettes. 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 halter style dress imparts the essential character of the set, and features large, visible, loose overlock stitching with hanging threads on the front neck, back and hem. The dress also features thin, exposed elastic at the back with a single straight stitch, and raw unfinished edges with hanging threads on the halter ties.

CBP rationale

The applicable subheading for style number CS17-0039 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

N279444 September 21, 2016 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Kim Benedetto Seasons USA, Inc. 3434 Heather Lane Wantagh, NY 11793 RE: The tariff classification of a costume from China. Dear Ms. Benedetto: In your letter dated May 31, 2016, you requested a tariff classification ruling. The submitted sample, identified as style number CS17-0039, the Adult Size Vampire Costume, consists of a long dress, a collar and arm covers that you refer to as glovelettes. 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 halter style dress imparts the essential character of the set, and features large, visible, loose overlock stitching with hanging threads on the front neck, back and hem. The dress also features thin, exposed elastic at the back with a single straight stitch, and raw unfinished edges with hanging threads on the halter ties. The applicable subheading for style number CS17-0039 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 https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division

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