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NY C87542




June 11, 1998

CLA-2-39:RR:NC:SP:222 C87542

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 3926.90.9880; 3926.90.1500; 4014.90.5000; 6111.20.6040; 6301.30.0010; 6302.60.0030; 9503.41.0010; 9503.90.0045; 9603.29.4010; 9615.11.3000

Mr. Dan E. Allen
Miami Valley Worldwide, Inc.
1300 E. Third Street
Dayton, OH 45403

RE: The tariff classification of infant care items from China and Thailand.

Dear Mr. Allen:

In your letter dated May 1, 1998, on behalf of your client Dolly, Inc., you requested a tariff classification ruling.

You have submitted samples of infant care items. They are identified as gift sets. The sets consist of a basket that holds the following items: a plastic teether, a plastic rattler, a plastic comb and brush set, a plastic sippy cup, a plastic cup with lid, a plastic 8 ounce baby bottle, a pacifier, a 100 % cotton, woven receiving blanket, a 100% cotton, knit terry bib, 2-100% cotton, terry knit bath cloths and a plush toy.

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

We are unable to render a classification on the baskets at this time due to insufficient information in your ruling request. You must submit the specific materials that the baskets are composed of; such bamboo, or other vegetable fibers. When you have this information, you may resubmit the baskets for a binding ruling classification.

The applicable subheading for the plastic baby bottles, and the plastic cups will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the teethers presumed to be composed of plastics, will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the 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 rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the 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 rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the 100% cotton, knitted bibs will be 6111.20.6040, HTS, which provides for babies garments and clothing accessories, knitted or crocheted, of cotton, other, other, other. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for the 100% cotton, woven receiving blankets, will be 6301.30.0010, HTS, which provides for...blankets (other than electric blankets)...of cotton, woven. The rate of duty will be 9.1 percent ad valorem.

The applicable subheading for the 100% cotton terry 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 rate of duty 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 cents each. The rate of duty will be 0.2 cents each 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: other. The rate of duty will be 28.8 cents per gross plus 4.6 percent ad valorem.

The applicable subheading for the plastic rattler, will be 9503.90.0045, HTS, which provides for other toys and models. The rate of duty will be free.

The applicable subheading for the plush toys will be 9503.41.0010, HTS, which provides for toys...stuffed toys and parts and accessories thereof: stuffed toys. The rate of duty will be free.

The 100% cotton knit bibs fall within textile category designation 239. The 100% cotton, knit wash cloths and the 100% cotton, woven receiving blankets 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. 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 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 Alice Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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