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NY D83745




November 3, 1998

CLA-2-65:RR:NC:3:353 D83745

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1515; 6405.20.9090

Ms. Debra A. Maloney
Kat Import Brokers, Inc.
514 Eccles Ave.
South San Francisco, CA 94080

RE: The tariff classification of a baby's hat and bootie from China.

Dear Ms. Maloney:

In your letter dated October 14, 1998, on behalf of GT. Enterprises, Inc., you requested a classification ruling.

The submitted samples are a baby's hat, identified as a frog hat, and a bootie. The hat consists of knit 100% cotton fabric. The hat has a six panel crown, a turned up brim with two eyes on it and a elastic chin strap. The hat is designed for young children of a body height not over 86 centimeters. The bootie consists of knit 65% polyester/ 35% cotton fabric with an applied sole of 100% cotton with PVC dots. The sample is being returned as you requested.

The applicable subheading for the baby's hat will be 6505.90.1515, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of cotton, flax or both: Knitted, Of cotton: For babies." The duty rate will be 8.2% ad valorem.

The applicable subheading for the baby's bootie will be 6405.20.9090, Harmonized Tariff Schedule of the United States(HTS), which provides for "Other footwear: With uppers of textile materials: Other, Other: For other persons." The duty rate will be 12.5% ad valorem.

The baby's hat falls within textile category designation 239. 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. 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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