CLA-2-95:OT:RR:NC: N4:425
Mr. David DeFina
Rubie’s Costume Co., Inc.
One Rubie Plaza
Richmond Hill, NY 11418
RE: The tariff classification of a textile costume from China.
Dear Mr. DeFina:
In your letter dated December 20, 2012, you requested a tariff classification ruling. The sample is being returned per your request.
You submitted a sample of a child size The Flash Muscle Chest Costume which consists of a shirt with polyurethane lamination and headpiece. You indicate that identical versions will be imported in child size, item number 885149 and adult size 880531. 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 shirt imparts the essential character of the set. Although the torso lamination provides styling, the shirt has visible, loose overlock stitching at the arms, hem, neck and closure edges. The shirt is secured with hook and loop tabs.
The applicable subheading for The Flash Muscle Chest Costume 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 http://www.usitc.gov/tata/hts/.
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, 6th and 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 Wayne Kessler at (646) 733-3026.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division