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January 27, 1999

CLA-2-65:RR:NC:3:353 D86432

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1515

Mr. Robert Colon
Eleven Eleven Corp.
P.O. Box 305
Catano, Puerto Rico 00963-0305

RE: The tariff classification of a infant hat, mittens and booties set from Thailand.

Dear Mr. Colon:

In your letter dated December 16, 1998, received in this office January 14, 1999, you requested a classification ruling.

The submitted sample, item #250, consists of an infant hat, mittens and booties set made from knit 100% cotton fabric. The set will be package and imported in a polybag on a hanger. The hat has a cuff and fits snuggly to the head, and the mittens and booties are designed with a satin bow. The booties have piping and elastic around the ankle.

GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. According to the Explanatory Notes, the official interpretation of the HTSUSA at the international level, “goods put up in sets for retail sale” refers to goods which: (a) consist of at least two different articles which are , prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repacking.

The hat, mitten and booties set meet all of the criteria for classification as a set. Since the hat, mittens and booties are considered a set, they are classified as consisting only of the article that imparts their essential character. Therefore GRI 3(c) is applicable, which provides that when goods cannot be classified by reference to 3(b) they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. Since the provision for the hat, Heading 6505, occurs last, the merchandise at issue is classifiable in this heading.

The applicable subheading for the hat, mittens and booties set, item #250 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.

Item #250 falls within textile category designation 239. Based upon international textile trade agreements products of Thailand are not subject to quota and the requirement of a visa.

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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