CLA-2 RR:TC:FC 957952 ASM

Mr. Scott Fraistat
The Paper Magic Group, Inc.
P.O. Box 977
Scranton, PA 18501

RE: Request for tariff classification of costumes from Taiwan

Dear Mr. Fraistat:

This letter is in response to your request for a ruling regarding the classification of four costumes.

FACTS:

There are four samples submitted with this ruling request which are identified as follows: Fairytale Princess (48977), Spider Woman (48974), The Count (48975), and Mardi Gras (48976). All items are made from man-made fibers (synthetic).

The Fairytale Princess (48977), consists of a floor-length purple gown with a wide placket in front outlined with gold metallic ribbon which also borders the hem. The article has an open back with a closure that is tied at the neck with a ribbon. The open back and sleeves have overlock stitching. This costume is packaged with a lace veil headpiece.

Spider Woman (48974), consists of a sleeveless floor-length purple gown with a jagged unhemmed bottom. The neck, padded collar and arm holes have overlock stitching. There is a piece of netting, which has no hemming at all, with a spider web printed on it. This is slipped over the head of the wearer and serves as sleeves as well as decoration. - 2 -

The Count (48975), consists of a black unlined cape with a red lined collar. It is hemmed with overlock stitching. There is an unlined formal jacket with a satin collar. The jacket cuffs and tails are also hemmed with overlock stitching. There are neither buttons nor button holes. Also included is a medallion on a ribbon and a ruffled dickey.

Mardi Gras (48976), consists of a floor-length gown with elasticized shoulder straps of ruffled construction with double net trim finished with visible overlock stitching. The hem of the gown is finished with visible overlock stitching and has net trim with a raw edge. The back has a zipper closure and the waistband contains two panels of netting with a raw edge, gathered at either side of the waist. Also included is a cut-out paper mask with textile and feather trim attached to a wooden handle.

ISSUE:

Whether the costumes are festive articles of chapter 95 or textile articles of fancy dress under chapter 61 or 62. LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's. Heading 9505, HTSUSA, includes articles which are for "Festive, carnival, or other entertainment." It must be noted, however, that Note 1(e), chapter 95, HTSUSA, excludes articles of "fancy dress, of textiles, of chapter 61 or 62" from chapter 95. The EN's to 9505, state that the heading covers:

(A) Festive, carnival or other entertainment articles, which in view of their intended use are generally made of non-durable material. They include:

* * *

(3) Articles of fancy dress, e.g., masks, false ears and noses, wigs, false beards and moustaches (not being articles of postiche - heading 67.04), and paper hats. However, the heading excludes fancy dress of textile materials, of chapter 61 or 62. - 3 -

In interpreting the phrase "fancy dress, of textiles, of chapters 61 or 62," Customs initially took the view that fancy dress included "all" costumes regardless of quality, durability, or the nature of the item. However, Customs has reexamined its view regarding the scope of the term "fancy dress" as it relates to costumes. On November 15, 1994, Customs issued Headquarters Ruling Letter (HRL) 957318, which referred to the settlement agreement of October 18, 1994, reached by the United States and Traveler Trading. In HRL 957318, Customs stated that it had agreed to classify as festive articles in subheading 9505.90.6090, HTSUSA, costumes of a flimsy nature and construction, lacking in durability, and generally recognized as not being a normal article of apparel.

In view of the aforementioned, Customs must distinguish between costumes of chapter 95 (festive articles), and costumes of chapters 61 and 62 (articles of fancy dress). This can be accomplished by separately identifying characteristics in each article that would determine whether or not it is of a flimsy nature and construction, lacking in durability, and generally recognized as a normal article of apparel.

The Fairytale Princess costume (48977) is heavily ornamented with gold braiding which is sewn with straight stitching at the neck, sleeves, front, and hem. There are no raw edges on this costume. All interior seams, sleeves, hem, and back are finished in durable overlock stitching. Although, the back opening is of medium length, the costume may still be worn with a minimal amount of clothing underneath because it drapes loosely over the wearer and the fabric in not transparent.

The Spider Woman costume (48974) has an ornate collar and is constructed with overlock stitching on all interior seams, neck and armholes; it has a jagged unfinished hem. The care label indicates that the costume can be machine washed, however, this may result in some fraying at the hem after one or two washes. The decorative netting has raw edging and is designed to be worn over the satin costume as ornamentation.

The Count costume (48975) has an unlined jacket which is finished with overlock stitching on all hems and interior seams. The satin panel is sewn to the collar lapel with a straight stitch. Although the jacket is unlined, it has a substantial amount of finishing with durable overlock stitching. The jacket is constructed of thick fabric that does not appear to fray easily. The cape is not attached to the jacket and may be worn separately. All interior seams have overlock stitching and there are no raw edges. However, in considering the cape as a whole, it is somewhat flimsy because it would not provide the warmth or protective coverage of a cape designed to be used as wearing apparel. The dickey is made of felt and satin. The felt panels have raw edges. There is a front satin panel inset with a raw edged black bow tie and white satin ruffle with raw edges. Two black paper buttons have been - 4 -

pasted to the front. The collar has a "VELCRO" closure at the back. There are satin ribbon ties on either side of the waist which are meant to be tied in back to secure the dickey. There are no sleeves, sides or back panels on this article. Further, the raw edged satin ruffle appears to fray easily. Similarly, the unfinished felt panels would not be expected to hold-up to repeated wear and cleaning. The costume also includes a red ribbon with a gold medallion which is designed to be worn like a necklace.

The Mardi Gras costume has a substantial amount of ornamentation and durable "finishing" elements (i.e., the sewing used to construct the article). Most of the interior seams are of overlock stitching and the only raw edges are on the net panels sewn into the skirt. Such netting is of a type which will not easily fray. The fitted bodice has been achieved through the use of darts sewn with overlock stitching. The front neckline is extremely durable because it has been constructed with a facing, thus creating a folded edge which is sewn in place with a straight stitch. The elastic on the shoulders is encased by fabric and sewn with straight and overlock stitching. The top back of the bodice has a finished hem which has been folded and sewn with a straight stitch. The zipper has been secured by overlock and straight stitching and constructed in such a way that a fold of fabric neatly covers the zipper so that it will not be visible from the outside of the costume.

The costumes identified as, Fairytale Princess (48977), and Mardi Gras (48976), are comparable in construction and durability. The amount and quality of finishing and embellishment is such that the articles are neither flimsy in nature or construction, nor lacking in durability. Each of these articles has been finished with a strong and lasting type of stitch, and the fabrics selected have been made durable by these finishing elements. Thus, it is reasonable to conclude that these costumes are comparable to articles generally recognized as apparel in that they have been designed for repeated wear and cleaning over extended periods of time. As such, these costumes are excluded from heading 9505, HTSUSA, because they are classifiable as articles of fancy dress of textile materials, of chapter 61 or 62. See chapter 95, HTSUSA, Note 1(e). It is important to note that costumes consisting of single garments with accessories may be classified as sets by application of GRI 3(b) according to the item in the set from which the set derives its essential character. 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." Customs believes that the essential character of costumes consisting of a single garment with accessories is generally imparted by the garment since without the garment you would merely have a collection of accessory items. Accordingly, the Fairytale Princess headpiece (48977), and Mardi Gras mask (48976), will be classified as sets under the provision assigned to the garment with which they are packaged. - 5 - The Count Costume (48975), has several articles packaged together (jacket, cape, dickey, and necklace). The Count jacket is a substantial, durable garment of wearing apparel, thereby excluding it from classification under heading 9505, HTSUSA, per Note 1(e) of chapter 95. In Note 13, Section XI, of the HTSUSA it is stated that "Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale." However, the Count cape and dickey are flimsy articles and would not be classified as articles of fancy dress or wearing apparel subject to exclusion under heading 9505, HTSUSA. As such, Note 13 of Section XI, which would otherwise restrict classification of costumes as sets when they consist of two or more garments of wearing apparel, does not apply. Thus, the jacket, cape, dickey, and necklace may be properly classified as a set pursuant to GRI 3(b) with the jacket providing the essential character. This costume set is thereby excluded from heading 9505, HTSUSA, because the jacket is properly classifiable as an article of fancy dress of textile materials, of chapter 61 or 62. See chapter 95, HTSUSA, Note 1(e).

With respect to the Spider Woman costume (48974), although the article has been constructed with a jagged unfinished hem, it is comparable to a normal article of wearing apparel because it has been designed for repeated wear and cleaning over extended periods of time. The collar is quite ornate, having a pointed edge design that has been constructed with a foam filling and finished with durable overlock stitching. Further, all the inside seams have been finished with overlock stitching. The decorative netting overlay is somewhat flimsy, however, this costume is properly classified as a set pursuant to GRI 3(b) with the one-piece satin article imparting the essential character. Accordingly, this costume set is excluded from heading 9505, HTSUSA, because it is classifiable as an article of fancy dress of textile materials, of chapter 62. See chapter 95, HTSUSA, Note 1(e).

HOLDING:

The Spiderwoman costume (48975), consisting of a one-piece satin article and net overlay, is classifiable as a set under subheading 6204.43.4030, HTSUSA, which provides for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women's." The applicable rate of duty is 16.8 percent ad valorem. The textile restraint category is 636.

The Fairytale Princess (48977), consisting of a one-piece garment and lace headpiece, is classifiable as a set under subheading 6204.43.4030, HTSUSA, which provides for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women's." The applicable rate of duty is 16.8 percent ad valorem. The textile restraint category is 636. - 6 -

The Count costume (48975), consisting of a jacket, cape, dickey, and medallion, is classifiable as a set under subheading 6211.43.0078, HTSUSA, which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers: Jackets and jacket-type garments excluded from headings 6202." The applicable rate of duty is 16.8 percent ad valorem. The textile restraint category is 635.

The Mardi Gras costume (48976), consisting of a one-piece dress and mask, is classifiable as a set under subheading 6204.43.4030, HTSUSA, which provides for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women's." The applicable rate of duty is 16.8 percent ad valorem. The textile restraint category is 636.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Tariff Classification
Appeals Division