CLA-2-62:RR:NC:WA:3:353 G87458
Mr. Marc Hurlert
Import Traders, Inc.
333 Southwestern Blvd., suite 202
Sugar Land, Texas 77478-3659
RE: The tariff classification of a bumblebee costume from China.
Dear Mr. Hurlet:
In your letter dated February 15, 2001, you requested a classification ruling. A sample of the costume was submitted for examination.
The submitted sample consists of a romper-like item with a hat. The bumblebee costume is composed of woven 100% cotton fabric. The romper like item has elastic opening at the bottom and top and armholes. At the back it has two pieces of fabric that resemble wings. The hat has ties and antenna at the top.
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, does not cover “fancy dress, of textiles, of chapter 61 or 62.” In HRL 957318, Customs stated that it had agreed to classify as festive articles in subheading 9505.90.6000, costumes of a flimsy nature and construction, lacking in durability, and generally recognized as not being a normal article of apparel.
The bumblebee costume has overturned hems and finished seams. The overall amount of finishing is such that the article is neither flimsy in nature or construction, nor lacking in durability.
The romper-like garment and hat are mutually complimentary and designed to be used together. The merchandise is a composite good, which is classified by GRI 3(b) according to the component that imparts the essential character. For this item the romper-like garment, imparts the essential character.
The applicable subheading for the bumblebee costume will be 6209.20.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Babies’ garments and clothing accessories: Of cotton: Other; Other, Sunsuits, washsuits and similar apparel.” The rate of duty will be 9.5% ad valorem ad valorem. The textile category designation is 239.
Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 Kenneth Reidlinger at 212-637-7084.
Sincerely,
Robert S. Swierupski
Director,
National Commodity
Specialist Division