The tariff classification of a textile costume from China.

N216186 May 17, 2012 CLA-2-61 OT:RR:NC:N3:353 CATEGORY: Classification TARIFF NO.: 6104.43.2010 Ms. Vanessa Vizcarra Paper Magic Group 345 7th Avenue 6th Floor New York, NY 10001 RE: The tariff classification of a textile costume from China. Dear Ms. Vizcarra: In your letter dated April 26, 2012, you requested a tariff classification ruling. You submitted a sample, identified as an Adult Haunted Victoria Costume, item number 6748172. In your ruling request, you stated that the costume consists of a dress, veil, crucifix and belt. However, upon examination of the costume and its retail packaging, it was noted that the costume actually consists of a dress and headpiece with comb. 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 dress, which is constructed from both knit and woven fabrics. The front panel of the bodice and the sleeves are constructed of 100% polyester woven fabric, while the bodice’s rear panel, skirt and overskirt are made of 100% polyester knit fabric. The dress is constructed primarily from knit fabric, which imparts the essential character to the dress. The dress features a multi-paneled bodice with faux buttons and a sewn-on bow and gathered puffed sleeves. The dress has a functional ribbon lace-up in back which serves to tighten the bodice. The neckline, waist, sleeve edges and bodice are all trimmed with lace-like fabric. The multi-layered skirt has a non-woven stiffener for added shape and a sewn-on padded cushion in the back meant to give the impression of a bustle. The long draped overskirt is gathered in the back and trimmed with ruffled lace-like fabric. The dress also features a well-made neck, tightly stitched waist and sturdy seams. 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 Haunted Victoria 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 Adult Haunted Victoria Costume Set will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Women’s or girls’…dresses, skirts, divided skirts…knitted or crocheted: Dresses: Of synthetic fibers: Other, Women’s." The rate of duty will be 16 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