CLA-2-61 OT:RR:NC:N3:353
Ms. Vanessa Vizcarra
Paper Magic Group
345 7th Avenue
6th Floor
New York, NY 10001
RE: The tariff classification of an adult costume from China.
Dear Ms. Vizcarra:
In your letter dated June 19, 2012, but received on July 9, 2012, you requested a tariff classification ruling.
You submitted a sample, identified as an adult Kick Ass Red Mist Costume, item number 01120906, which consists of a jumpsuit, which you refer to as a bodysuit, a flimsy wig and an eyemask. 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 essential character is imparted by the long-sleeved garment, which is constructed of 100% polyester knit fabric. The multi-paneled jumpsuit is sized for a man and features an attached cape; partially padded sleeves, abdomen and shoulders; a mandarin-type collar with a well-made neckline; sturdy seams and a sewn-on belt. Both the belt and chest have a foam Red Mist logo embellishment.
You state that you believe this costume is properly classified under heading 9505 as “festive articles.” Costumes are considered “fancy dress.” The Court of Appeals ruled on the classification of costumes in its decision in Rubie’s Costume Co. v. United States, slip op 02-1373 (Fed. Cir. Aug. 1, 2003). The decision stated that all flimsy, non-durable textile costumes that are not ordinary articles of apparel are classified under 9505.90.6000 (flimsy); all textile costumes that do not meet flimsy, non-durable standards (well made), or are ordinary articles of apparel are classified in chapters 61 or 62. The overall amount of finishing in the costume is such that the article is neither flimsy in nature or construction, nor lacking in durability; this costume is well made.
The sample will be returned to you as requested.
The applicable subheading for the Kick Ass Red Mist Costume Set will be 6114.30.3044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, coveralls, jumpsuits and similar apparel: Men’s or boys’: Other." The rate of duty will be 14.9 percent ad valorem.
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.
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 http://www.usitc.gov/tata/hts/.
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 Kimberly Praino at (646) 733-3053.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division