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NY 802294





October 14, 1994

CLA-2-39:S:N:N6:343 802294

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 3926.90.1500; 4014,90,5000; 4202.92.4500; 6111.20.6040; 6302.60.0030; 9503.90.6000; 9603.29.4010; 9615.11.3000

Mr. Charles Petrey
Geo. Wm. Rueff, Inc.
416 Common St., Suite 100
New Orleans, LA 70130

RE: The tariff classification of seven infant care "sets" from Thailand.

Dear Mr Petrey:

In your letter dated September 16, 1994, on behalf of Hamco, you requested a classification ruling.

You have submitted samples of seven groups of items you call infant care sets. The sets are identified as follows: Item HM OO5 which consists of a 4 ounce and an 8 ounce plastic baby bottle, a plastic key rattle, a textile bear head squeaky toy, a plastic bath sponge and a 100% cotton, knit terry bib. This set is packed in a reusable vinyl travel bag.

Item HM 010 consists of a 4 ounce and 8 ounce plastic baby bottle, a pacifier and a 100% cotton, knit terry bib.

Item HM 012 consists of an 8 ounce plastic baby bottle, a plastic rattle, 3 baby terry knit wash cloths (which we assume to be 100% cotton) and a 100% cotton terry knit bib.

Item HM 014 consists of an 8 ounce plastic baby bottle, a plastic rattle and a 100% cotton knit terry bib,

Item HM 015 consists of a 4 ounce plastic baby bottle, a plastic rattle, a pacifier, and a 100% cotton knit terry bib.

Item HM 115 consists of a 4 ounce plastic baby bottle, 2 plastic rattles, a 100% cotton terry knit bib, a pacifier and a bath sponge. All these items are packed in a reusable plastic household container.

Item HM 125 consists of a 4 ounce plastic baby bottle, a plastic hair brush and comb, a plastic rattle, a 100% cotton, knit terry bib and a pacifier. These items are also packed in a reusable plastic household container.

Since the components of the sets are put together to carry out several different activities or to meet various needs, they do not satisfy the requirements for classification as sets. Each component is, therefore, classified separately. In the future please limit your requests to five items.

The applicable subheading for the plastic baby bottles, the plastic bath sponge and the plastic household containers will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, other. The rate of duty will be 3.4 percent ad valorem. The applicable subheading for the zippered reusable travel bag of clear plastic will be 4202.92.4500, HTS, which provides for ... travel, sport and similar bags, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for baby pacifiers if composed entirely of plastic will be 3926.90.1500, HTS, which provides for other articles of plastics ... nursing nipples and pacifiers. The duty rate will be 3.1 percent ad valorem.

The applicable subheading for baby pacifiers if composed of a soft rubber nipple and a plastic handle will be 4014.90.5000, HTS, which provides for hygienic or pharmaceutical articles (including nursing nipples) of vulcanized rubber other than hard rubber...other, other. The duty rate will be 4.2 percent ad valorem.

The applicable subheading for the 100% cotton bib will be 6111.20.6040, HTS, which provides for babies garments and clothing accessories, knitted or crocheted, of cotton, other, other, other. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the 100% cotton wash cloths will be 6302.60.0030, HTS, which provides for toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton, other. The duty rate will be 10.3 percent ad valorem.

The applicable subheading for the hair brush will be 9603.29.4010, HTS, which provides for ... hairbrushes, valued not over 40› each. The duty rate will be 0.2 cents plus 7 percent ad valorem.

The applicable subheading for the comb will be 9615.11.3000 HTS, which provides for combs, hair-slides and the like, of hard rubber or plastics, combs, valued over $4.50 per gross. The duty rate will be 28.8 cents per gross plus 4.6 percent ad valorem.

The applicable subheading for the plastic rattles, and the textile bear head squeaky toy will be 9503.90.6000, HTS, which provides for other toys (except models) not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

The 100% cotton knit bib falls within textile category designation 239. The 100% cotton knit wash cloths fall within textile category designation 369. Based upon international textile trade agreements products of Thailand 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.

GSP has currently expired. Articles classifiable under subheadings 3924.90.5500, 3926.90.1500, 4014.90.5000, 9503.909.6000, 9603.29.4010 and 9615.11.3000, HTS, which are products of Thailand will be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed.

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,


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