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NY 813909




September 8, 1995

CLA-2-63:S:N:N6:349 813909

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.60.0020; 6302.60.0030; 6301.30.0010; 6117.80.9010

Ms. Dana Dauterive
Hamco, Inc.
16131 Highway 44 North
Prairieville, LA 70769

RE: The tariff classification of a hooded towel, washcloths, receiving blanket, and bib from China.

Dear Ms. Dauterive:

In your letter dated August 22, 1995 you requested a classification ruling.

The submitted samples are a hooded towel, washcloths, receiving blanket, and a bib. The hooded towel, identified as style number HT165, is made of 75 percent cotton and 25 percent polyester terry toweling fabric. It measures approximately 24 x 31 inches and the edges are finished with a narrow strip of mint green woven fabric. One corner of the towel has a triangular piece forming a pocket. This pocket is used as a hood to cover an infant's head after a bath, while the rest of the towel is used to dry off or to cover the infant. A horse is appliqued on the pocket.

The white washcloth, also identified as style HT165, is made of 75 percent cotton and 25 percent polyester. It measures approximately 9 inches and the edges are finished with a mint green overlock stitch.

The other washcloths, identified in your letter as style number WC55, are made of 65 percent cotton and 35 percent polyester terry toweling fabric. They measure approximately 8- 1/2 inches and the edges are finished with an overcast stitch.

The receiving blanket, identified in your letter as style number RB264, is made of 100 percent cotton woven flannel fabric. The blanket measures approximately 29 x 34 inches and the edges are finished with a thin strip of mint green woven fabric. Embroidered on one corner of the towel is the word "Baby" surrounded by a bear, duck, and horse.

The bib and washcloth set style number BWC3205 are made of 75 percent cotton and 25 percent polyester terry toweling fabric. The toddler size bib has a "VELCRO" type closure. In the center of bib is a dog applique with an opening through which the washcloth fits. The edges on both items are finished with a thin strip of woven fabric.

Please note, that style number BWC3205 does not meet the qualifications of "goods put up in sets for retail sale". In order to qualify as a set the components of the set must all three of the following criteria:

1- consist of at lest two different articles which are, prima facie, classifiable in different headings;

2- put together to meet a particular need or carry out a specific activity;

3- packed for sale directly to users without repacking.

In this case the second criteria is not meet since the bib and washcloth are used for different activities.

The applicable subheading for the hooded towel will be 6302.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton... towels: other. The duty rate will be 10.2 percent ad valorem.

The applicable subheading for the washcloths will be 6302.0030, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton...other. The duty rate will be 10.2 percent ad valorem.

The applicable subheading for the receiving blanket will be 6301.30.0010, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton... woven. The rate of duty is 9.4 percent ad valorem.

The applicable subheading for the bib will be other made up clothing accessories, knitted or crocheted, knitted or crocheted parts of garments or of clothing accessories: other accessories: other... of cotton. The rate of duty is 15.4 percent ad valorem.

The washcloths, and receiving blanket fall within textile category designation 369. The hooded towel falls within textile category designation 363 and the bib falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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