The tariff classification of a costume from China, Taiwan, India and Vietnam.
Issued February 4, 2021 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 submitted a photograph and a detailed description of an item identified as the Deluxe Zombie Make-up Kit, item number 9488, which consists of fake teeth, a temporary tattoo sheet, fake blood, a make-up tray, a plastic sponge, a plastic brush and a bag of dental adhesive. 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 fake teeth impart the essential character of the set. By applying the components of the kit, one can create the likeness of a Zombie. The item is marketed and sold for Halloween.
CBP rationale
The applicable subheading for the Deluxe Zombie Make-up Kit, item number 9488 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
N317188 February 4, 2021 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. TC Li Fun World Division of Easter Unlimited, Inc. 80 Voice Road Carle Place, NY 11514 RE: The tariff classification of a costume from China, Taiwan, India and Vietnam. Dear Mr. Li: In your letter dated January 15, 2021, you requested a tariff classification ruling. You submitted a photograph and a detailed description of an item identified as the Deluxe Zombie Make-up Kit, item number 9488, which consists of fake teeth, a temporary tattoo sheet, fake blood, a make-up tray, a plastic sponge, a plastic brush and a bag of dental adhesive. 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 fake teeth impart the essential character of the set. By applying the components of the kit, one can create the likeness of a Zombie. The item is marketed and sold for Halloween. The applicable subheading for the Deluxe Zombie Make-up Kit, item number 9488 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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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 Sandra Carlson at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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