CLA-2-61:OT:RR:NC:TA:353
Ms. Lynsey Koslik
Palamon USA
480 Enterprise Street
Ste. B
San Marcos, CA 92078
RE: The tariff classification of unisex costumes from China
Dear Ms. Koslik:
In your letter dated January 17, 2011, you requested a tariff classification ruling. The samples will be returned to you.
The Fire Ninja costume, item 3533 (child size), consists of a jumpsuit, an upper body accessory that you call a vest, a mask, and a belt. The jumpsuit is made of 100 percent polyester knit fabric and features long sleeves, long pants, and hook and loop closures at the back. The upper body accessory is completely open on all sides and attaches to the belt by a hook and loop closure on each side.
The Cross Vampire costume, item 5252 (adult size), consists of a dress and a choker made of 100 percent polyester woven fabric with a knit lining. The dress has wide straps, an attached cape, ruching on the skirt, and hook and loop closures at the back.
Both costumes are well made with sturdy seams, styling, and embellishments.
General Rule of Interpretation (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.” In this case, the jumpsuit for the Fire Ninja costume and the dress for the Cross Vampire costume impart the essential character of the sets.
The applicable subheading for the Fire Ninja costume set will be 6114.30.3054, 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: Women’s or girls’: Other." The duty rate will be 14.9 percent ad valorem.
The applicable subheading for the Cross Vampire costume set will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’ suits, ensembles, dresses, skirts, divided skirts, trousers,…Dresses: Of synthetic fibers: Other: Other: Other: Women’s." The rate of duty will be 16 percent ad valorem.
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 the National Import Specialist at (646) 733-3053.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division