CLA-2-95:OT:RR:NC:N4:425

Mr. David M. Meyer
DJS International Services, Inc.
4215 Gateway Drive, Ste. 100
Colleyville, TX 76034

RE: The tariff classification of a costume from China.

Dear Mr. Meyer:

In your letter dated April 10, 2019, on behalf of Gemmy Industries Corporation, you requested a tariff classification ruling.

You submitted a sample of item 222571, Big Head Monster Costume. The costume consists of an inflatable garment with an attached mask and a battery operated fan that inflates the garment. When the air-blown costume is inflated, it makes the wearer look abnormally large with a giant monster head.

The applicable subheading for item 222571 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 https://hts.usitc.gov/current.

We are unable to rule on item 222578, Jellyfish Costume, as it was not in working condition. In order to issue a ruling on this “costume,” we need additional information.

Provide photographs of the Jellyfish Costume from all angles, inflated and being worn. Does the Jellyfish Costume include a garment or is it just worn on the head?

If worn solely on the head, is it secured to the head by a chin strap or other means?

Should you still wish a ruling issued on the Jellyfish Costume, please provide a new ruling request with the answers to the above questions.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division