N283597 N2 Ruling Active

The tariff classification of a costume from China, Taiwan, India and Vietnam.

Issued February 28, 2017 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 have submitted a sample, identified as the Child Size Skeleton Pirate Costume, item number 132462, which consists of a man-made knit textile pullover, a waist sash, gloves and a 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 pullover imparts the essential character of the set and features raw, jagged cut edges with hanging threads on the sleeves, hem and “front opening.” The “front opening” of the pullover displays an EVA foam patch depicting 3D skeletal bones of the chest, ribs and spine. The large back opening has raw unfinished edges and is closed by small hook and loop tabs. The costume will also be imported under item numbers 132461 in toddler size, 132463 in teen size, 132024 in adult size and 132025 in adult plus size.

CBP rationale

The applicable subheading for item numbers 132462, 132461, 132463, 132024 and 132025 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

N283597 February 28, 2017 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Irene Tsiavos Fun World 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of a costume from China, Taiwan, India and Vietnam. Dear Ms. Tsiavos: In your letter dated February 13, 2017, you requested a tariff classification ruling. You have submitted a sample, identified as the Child Size Skeleton Pirate Costume, item number 132462, which consists of a man-made knit textile pullover, a waist sash, gloves and a 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 pullover imparts the essential character of the set and features raw, jagged cut edges with hanging threads on the sleeves, hem and “front opening.” The “front opening” of the pullover displays an EVA foam patch depicting 3D skeletal bones of the chest, ribs and spine. The large back opening has raw unfinished edges and is closed by small hook and loop tabs. The costume will also be imported under item numbers 132461 in toddler size, 132463 in teen size, 132024 in adult size and 132025 in adult plus size. The applicable subheading for item numbers 132462, 132461, 132463, 132024 and 132025 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. 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. 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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