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February 9, 1999

CLA-2-39:RR:NC:SP:222 D86921

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.2000; 3924.10.5000; 3924.90.5500; 3926.90.9880; 4202.92.4500 6111.20.6040; 6302.60.0030; 9503.90.0045; 9603.29.4010; 9615.11.3000

Mr. Roberto Colon
Eleven Eleven Corporation
P. O. Box 305
Catano, P. R. 00963-0305

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

Dear Mr. Colon:

In your letter dated December 30, 1998, you requested a tariff classification ruling.

You have submitted a sample that is identified as item #203, mini tote bag set of infant care products. The set consists of a plastic tote bag that holds the following items: a plastic changing pad, a plastic 8 ounce baby bottle, a water filled bear-shaped plastic teether, a plastic rattle, a plastic comb and brush set, a plastic juice cup with lid, 2 plastic snack cups with lids, a plastic feeding bowl with lid, a plastic spoon and fork, a 65% cotton\35% polyester, knit terry bib and a bath cloth made of 100% cotton, terry knit fabric.

The plastic tote bag has a zipper top closure and two webbed carry handles. This tote bag is of a class or kind that not only may be used for transporting infant care items, but may be used to carry other articles.

The components of the set carry out different functions to meet various needs, they do not meet the requirements for classification as a set. Each item including the tote bag is classified separately.

The applicable subheading for the plastic feeding bowl with lid, will be 3924.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the plastic spoon, fork, snack cups and juice cup with lids, will be 3924.10.5000, HTS, which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic baby bottle and the plastic changing pad will be 3924.90.5500, HTS, provides for...other household articles...of plastics. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the bear-shaped water filled teether, 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 plastic mini tote bag will be 4202.92.4500, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the 65% cotton\35% polyester, knit bib 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 terry wash cloth 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 9.7 percent ad valorem.

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

The 65% cotton\35% polyester knit bib 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.

The 100% cotton, knit wash cloth falls 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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