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The tariff classification of a costume from China and Vietnam.
Issued October 13, 2022 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN3 N328370 (October 13, 2022)
Tariff classification
HTS codes: 9505.90.6000
Headings: 9505
GRI rules applied: GRI 3(b)
Product description
You submitted an adult size costume identified as Crazed Clown, item numbers 5123-051 and SP5123-051 which consists of a pullover top, pull-on pants, suspenders, and a headpiece with artificial hair. General Rule of Interpretation 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 man-made knitted textile pullover top imparts the essential character of the set and features a raw jagged cut neckline and one armhole, one single tattoo printed long sleeve with raw unfinished sleeve end and a raw unfinished hem bottom. The garment is constructed with large loose straight stitching.
CBP rationale
The applicable subheading for the Crazed Clown costume, item numbers 5123-051 and SP5123-051 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
N328370 October 13, 2022 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Frank D. 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 September 25, 2022, you requested a tariff classification ruling on behalf of your client, California Costume, Inc. You submitted an adult size costume identified as Crazed Clown, item numbers 5123-051 and SP5123-051 which consists of a pullover top, pull-on pants, suspenders, and a headpiece with artificial hair. General Rule of Interpretation 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 man-made knitted textile pullover top imparts the essential character of the set and features a raw jagged cut neckline and one armhole, one single tattoo printed long sleeve with raw unfinished sleeve end and a raw unfinished hem bottom. The garment is constructed with large loose straight stitching. The applicable subheading for the Crazed Clown costume, item numbers 5123-051 and SP5123-051 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. 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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