HQ 085124: Beetlejuice Prankster Jacket

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         HQ 085124
                      October 12, 1989

CLA-2 CO:R:C:G 085124 SLR

CATEGORY: Classification

TARIFF NO.: 6211.32.0080; 6211.33.0060

Ned H. Marshak, Esquire
Sharretts, Paley, Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C.  20036

RE: Beetlejuice Prankster Jacket

Dear Mr. Marshak:

     This ruling is in response to your letter of July 13, 1989,
on behalf of your client, Kenner Products, requesting the
classification of a Beetlejuice Prankster Jacket under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  A sample was submitted for our examination.

FACTS:

     The submitted sample consists of an unconstructed style
jacket in a black and white stripe pattern, designed to fit a
child.  The jacket has three hidden tricks: a squirting collar
flower, two bloody bugs, and a snake that pops out of a pocket.
On the breast pocket of the jacket is the word "Beetlejuice" and
a facsimile of the face of the character from the movie of the
same name.  The jacket is so designed to allow the wearer to
resemble Beetlejuice the ghost.  

     Kenner Products plans to import the subject jackets
separately (in bulk) or packaged with the tricks as a retail
unit.  Reportedly, the jackets will only be sold with the tricks.

ISSUE:

     Is the Prankster Jacket classifiable as a toy in Chapter 95,
or is it considered "fancy dress" classifiable in Section XI by
application of exclusion Note 1(e) of Chapter 95?

LAW AND ANALYSIS:

     Under the HTSUSA, toys are classified in Chapter 95. 
Note 1(e), however, excludes articles of "fancy dress, of
textiles, of chapter 61 or 62" from classification within 
Chapter 95.
                              -2-

     Fancy dress is defined in Mary Brooks Picken's The Fashion
Dictionary as:

     Costume representing a nation, class, calling, etc., as
     worn to costume ball or masquerade party.  (Page 134)   

Webster's Third New International Dictionary, Unabridged, at 822
(1969) defines fancy dress as:

     a costume (as for a masquerade or party) departing from 
     currently conventional style and usu. representing a 
     fictional or historical character, an animal, the fancy     
     of the wearer, or a particular occupation....

The above definitions seem to include only those items worn for a
specific occasion or holiday.  Customs has determined, however,
that the parameter of "fancy dress" is not so limited. 
Nonfestive impersonation garb will suffice.

     Here, the Prankster Jacket is part of the Beetlejuice
costume.  Unlike HRL 083387 involving "Dress 'n Dazzle" dress-up
outfits, the jackets in question may be imported as bulk articles
or as an element of a set.  In turn, we cannot be certain as to
whether these jackets will ultimately be sold with the novelty
tricks as a set.  Hence, the jackets constitute "fancy dress."

     Following the mandate of Chapter 95 Note 1(e), heading 6203
covering "[m]en's or boys' suits...suit-type jackets..." seems to
describe the merchandise at hand.  Note 3 to Chapter 62, however,
states that the outer shell of a jacket must consist of four or
more panels.  Since the Prankster Jacket sports only three
panels, heading 6211 for "[t]rack suits, ski-suits and swimwear,
other garments" more aptly applies.

HOLDING:

     The merchandise in issue, imported in either bulk form or
packaged with novelty tricks as a set, is classifiable under
subheading 6211.32.0080, HTSUSA, which provides for track suits,
ski-suits and swimwear, other garments, of cotton, other, textile
category 359, dutiable at 8.6 percent ad valorem.  If determined
to be of man-made fibers, the jackets are classifiable under
subheading 6211.33.0060, HTSUSA, as other garments, of man-made
fibers, other, textile category 659, dutiable at 17 percent ad
valorem.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to       
                    

                              -3-

determine the current status of any import restraints or
requirements.

                                 
                                 Sincerely,


                                 
                                 John Durant, Director
                                 Commercial Rulings Division