The tariff classification of a textile costume from China

N222796 June 29, 2012 CLA-2-95:OT:RR:NC: N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. David DeFina Rubie’s Costume Co., Inc. One Rubie Plaza Richmond Hill, New York 11418 RE: The tariff classification of a textile costume from China Dear Mr. DeFina: In your letter dated June 21, 2012, you requested a tariff classification ruling. You submitted a sample identified as Child Size Hal Jordan Green Lantern Costume, item number 884572, which consists of a polyester jumpsuit with polyurethane torso lamination, an eye mask and ring. You indicate that identical versions will be imported in Teen Size, item number 42673; Adult Size, item number 889986; and Plus Size, item number 17829. 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 jumpsuit imparts the essential character of the set. Although the padded arms and torso lamination provide styling, the jumpsuit has a flimsy neck and visible, loose overlock stitching at the arms, ankles and closure edges. The jumpsuit is secured with hook and loop tabs. The applicable subheading for the Hal Jordan Green Lantern Costumes described above will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The rate of duty will be Free. 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/. 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. 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 Wayne Kessler at (646) 733-3026. Sincerely, Thomas J. Russo Director National Commodity Specialist Division