N305051 N3 Ruling Active

The tariff classification of a costume from China.

Issued July 12, 2019 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, style number CS20-0067, is a toddler size Halloween Pumpkin Costume, which consists of an upper body garment, pants and a stem hat. 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 upper body garment of 100% polyester knit fabric imparts the essential character of the set, and has visible, loose overlock stitching at the neck, armholes and hem. It also has thin elastics at the hem, and a hook and loop tab closure with visible, loose overlock stitching at the closure edge.

CBP rationale

The applicable subheading for style number CS20-0067 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

N305051 July 12, 2019 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 June 25, 2019, you requested a tariff classification ruling. The submitted sample, style number CS20-0067, is a toddler size Halloween Pumpkin Costume, which consists of an upper body garment, pants and a stem hat. 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 upper body garment of 100% polyester knit fabric imparts the essential character of the set, and has visible, loose overlock stitching at the neck, armholes and hem. It also has thin elastics at the hem, and a hook and loop tab closure with visible, loose overlock stitching at the closure edge. The applicable subheading for style number CS20-0067 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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