The tariff classification of a costume from China, Taiwan and India.

N098558 April 19, 2010 CLA-2-62:OT:RR:NC:TA:353 CATEGORY: Classification TARIFF NO.: 6114.30.3054 Ms. Irene Tsiavos Fun World 80 Voice Road Carle Place, New York 11514 RE: The tariff classification of a costume from China, Taiwan and India. Dear Ms. Tsiavos: In your letter dated March 17, 2010, you requested a tariff classification ruling. The sample which you submitted is being returned as requested. The submitted sample is an Item 5492 Adult Size and 5493 Adult Plus Size Morning Wood Costume consisting of a snuggler and a plastic penis. The snuggler is constructed of knit 100 percent polyester double faced fleece fabric. The snuggler is a loose fitting, one-piece step-in garment that features a finished two-layer stand-up collar, finished neckline, loose overlock stitched seams, finished front zipper closure that extends to the waistline, and long sleeves and legs with loose overlock stitched openings. The overall amount of finishing is such that the article is neither flimsy in nature or construction, nor lacking in durability. 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 snuggler imparts the essential character of the set. The applicable subheading for the Item 5492 Adult Size and 5493 Adult Plus Size Morning Wood Costume 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 rate of duty will be 14.9 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 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 Kenneth Reidlinger at (646) 733-3053. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division