N325956 N3 Ruling Active

The tariff classification of a costume from China and Vietnam.

Issued May 13, 2022 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 detailed description of an adult plus size costume identified as the Psycho Jester, item numbers 5020-028 Plus and SP5020-028 Plus. The costume is said to have the same construction as the adult size Psycho Jester costume item numbers 5020-028 and SP5020-028 previously ruled on in New York Ruling N308169. The Psycho Jester costume consists of a top, pants, waist tie, choker, and a headpiece. 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 top imparts the essential character, and features visible, loose overlock stitching at the neck and bottom hem, raw jagged edges with hanging threads on the collar and long sleeve ends, thin elastic at the neck and sleeves and loose, single needle straight stitched seams.

CBP rationale

The applicable subheading for the Psycho Jester costume, item numbers 5020-028 Plus and SP5020-028 Plus 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

N325956 May 13, 2022 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Frank Gomez World Exchange, Inc. 11205 S. La Cienega Blvd. Los Angeles, CA 90045 RE: The tariff classification of a costume from China and Vietnam. Dear Mr. Gomez: In your letter dated May 6, 2022, you requested a tariff classification ruling on behalf of your client, California Costume, Inc. You have submitted a detailed description of an adult plus size costume identified as the Psycho Jester, item numbers 5020-028 Plus and SP5020-028 Plus. The costume is said to have the same construction as the adult size Psycho Jester costume item numbers 5020-028 and SP5020-028 previously ruled on in New York Ruling N308169. The Psycho Jester costume consists of a top, pants, waist tie, choker, and a headpiece. 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 top imparts the essential character, and features visible, loose overlock stitching at the neck and bottom hem, raw jagged edges with hanging threads on the collar and long sleeve ends, thin elastic at the neck and sleeves and loose, single needle straight stitched seams. The applicable subheading for the Psycho Jester costume, item numbers 5020-028 Plus and SP5020-028 Plus 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 the 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, 600 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 Sandra Carlson at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

View original on CBP CROSS →

Ruling history

More rulings on the same tariff codes

Searching CBP rulings the smart way

TariffLens semantically searches all 200,000+ CBP rulings, surfaces the ones that actually match your product, and builds defensible classifications backed by ruling citations.

Book a demo →