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N304381 N3 Ruling Active

The tariff classification of a costume from China.

Issued May 23, 2019 by U.S. Customs and Border Protection.

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N3 N304381 (May 23, 2019)

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

GRI rules applied: GRI 3(b)

Product description

You submitted a sample of a “Clown Mask/Tee Costume Combo,” identified as item number F161231 on its packaging. The costume consists of a knitted polyester pullover and a clown 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, and has raw edges with hanging threads at the neck, arms and hem. Your sample is being returned as you requested.

CBP rationale

The applicable subheading for item number F161231 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

N304381 May 23, 2019 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Peter M. Zubrin STTAS, a UPS Company 300 Galleria Officentre Suite 400 Southfield, Michigan 48034 RE: The tariff classification of a costume from China. Dear Mr. Zubrin: In your letter dated May 13, 2019, on behalf of Creative Apparel Concepts, you requested a tariff classification ruling. You submitted a sample of a “Clown Mask/Tee Costume Combo,” identified as item number F161231 on its packaging. The costume consists of a knitted polyester pullover and a clown 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, and has raw edges with hanging threads at the neck, arms and hem. Your sample is being returned as you requested. The applicable subheading for item number F161231 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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