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N340768 N3 Ruling Active

The tariff classification of a costume from China.

Issued July 2, 2024 by U.S. Customs and Border Protection.

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N3 N340768 (July 2, 2024)

Tariff classification

HTS codes: 9505.90.6000

Headings: 9505

Product description

You submitted a sample of a child size costume identified as item number 172799, Stitch Costume Kit. The costume depicts the character Stitch from the movie, Lilo & Stitch. The costume consists of a headpiece and tail. The lightweight man-made sherpa textile headpiece pulls on over the head and features the eyes, nose, and mouth of the creature. There will be a small tuft of “hair” sticking up on top of the headpiece. The headpiece features long, floppy ears loosely attached on the sides that measure approximately 7” in length. The man-made plush textile ears are poseable with bendable wires stitched into them. The tail is rounded with a flat back measuring approximately 5” in diameter. The fiber stuffed tail is made of plush textile fabric and cardboard. The tail is attached to a belt or belt loop via an attached grosgrain ribbon loop closed with a small tab of hook and loop fastener. The costume is only suitable for limited use due to its flimsy construction.

CBP rationale

The applicable subheading for item number 172799, Stitch Costume Kit. 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

N340768 July 2, 2024 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Cathy Yu Jakks Pacific 21749 Baker Pkwy Walnut, CA 91789 RE:  The tariff classification of a costume from China. Dear Ms. Yu: In your letter dated June 17, 2024, you requested a tariff classification ruling. You submitted a sample of a child size costume identified as item number 172799, Stitch Costume Kit. The costume depicts the character Stitch from the movie, Lilo & Stitch. The costume consists of a headpiece and tail. The lightweight man-made sherpa textile headpiece pulls on over the head and features the eyes, nose, and mouth of the creature. There will be a small tuft of “hair” sticking up on top of the headpiece. The headpiece features long, floppy ears loosely attached on the sides that measure approximately 7” in length. The man-made plush textile ears are poseable with bendable wires stitched into them. The tail is rounded with a flat back measuring approximately 5” in diameter. The fiber stuffed tail is made of plush textile fabric and cardboard. The tail is attached to a belt or belt loop via an attached grosgrain ribbon loop closed with a small tab of hook and loop fastener. The costume is only suitable for limited use due to its flimsy construction. The applicable subheading for item number 172799, Stitch Costume Kit. 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 at https://hts.usitc.gov/. 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Carlson at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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