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June 1, 1999

CLA-2-61:64:RR:NC:TA:N3:358 E81633

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040; 6405.20.3090

Mr. Tom Mansfield
Baby Needs, Inc.
P.O. Drawer 2197
Burlington, NC 27216

RE: The tariff classification of infants’ booties from China.

Dear Mr. Mansfield:

In your letter dated April 30, 1999, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #70910 - an infant’s crocheted 100% cotton knit bootie. The sample features a fold-down top with a nylon satin ribbon around the ankle portion of the bootie.

Style #70984 - an infant’s Mary Jane crocheted 100% cotton knit bootie. The sample features a strap across the top with a button closure.

Style #70781 - a pair of infants’ 100% cotton knit booties. The sample features a separately sewn-on cotton textile outer sole.

You state in your letter that all three styles will be imported in infants’ sizes 0-6 months.

The applicable subheading for Style #’s 70910 and 70984 will be 6111.20.6040, Harmonized Tariff Schedule of the United States (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% ad valorem.

The booties, Style #’s 70910 and 70984 fall within textile category designation 239. Based upon international textile trade agreements, products of China are presently subject to quota restraints and visa requirements.

The applicable subheading for Style # 70981 will be 6405.20.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the outer sole’s external surface is predominately other than rubber, plastics, leather or composition leather, in which the upper’s external surface is predominately textile materials, in which there is a line of demarcation between the sole and the upper and in which the upper, by weight, consists predominately of vegetable fibers such as cotton or flax. The rate of duty will be 7.5% ad valorem.

The designated textile and apparel category 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.

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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director

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