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NY G82772





October 30, 2000

CLA-2-63:RR:NC:TA:349 G82772

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 6301.40.0020; 6304.92.0000; 6302.60.0020; 6209.20.5050; 6211.42.0081

Mr. James O. Crawford
John S. James Co.
P.O. Box 1616
Wilmington, NC 28402

RE: The tariff classification of a burp rag, bibs, blanket, pad and hooded towel from China.

Dear Mr. Crawford:

In your letter dated October 2, 2000 you requested a classification ruling on behalf of Towel Buddies.

You submitted several samples. Sample 1 is a burp rag comprised of two pieces of fabric sewn along the edges. The front side of the rag is made from 100 percent cotton terry woven fabric. The backing is made from a woven blend of cotton and polyester. This fabric is printed with a bunny, half moon and star pattern. It measures approximately 7 x 14.5 inches.

Samples 2 and 3 are bibs. Sample 2 is constructed from the same fabrics as Sample 1. It features a neck closure. Snaps will be placed on the closure area after importation. Sample 3 is made entirely from 100 percent cotton terry toweling fabric. It is designed to resemble an apron with two pockets on the front portion. After importation straps will be sewn to the neck area of the bib.

Sample 4 is a hooded blanket. The blanket is made from 100 percent polyester knit pile fabric. One corner of the towel has a triangular piece forming a pocket. Sewn to the pocket are textile ears that resemble the ears of a bunny. The edges of the blanket are finished with a thin strip of woven fabric.

Sample 5 is a rectangular shaped changing pad. One side is made from 100 percent cotton terry fabric. The reverse side is made from a woven blend of cotton and polyester. One side has tie strings. It measures approximately 14 x 25.5 inches. This pad is not internally fitted or stuffed.

Sample 6 is a hooded towel made from 100 percent cotton terry toweling fabric. One corner of the towel has a triangular piece forming a pocket. This pocket is used as a hood to cover an infant's head after a bath while the rest of the towel is used to dry off or to cover the infant.

The applicable subheading for the burp rag will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other: other . . . other: other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the bibs if infant's size (newborn to 24 months) will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garmentsof cotton, other, other, other, other. The duty rate will be 9.5 per cent ad valorem.

The applicable subheading for the bibs if children’s size (2 toddler or larger) will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: other. The duty rate will be 8.3 percent ad valorem.

The applicable subheading for the blanket will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers other. The duty rate will be 10.3 percent ad valorem.

The applicable subheading for the pad will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The rate of duty will be 6.7 percent ad valorem.

The applicable subheading for the hooded towel will be 6302.60.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar fabrics, of cotton... towels: other. The duty rate will be 9.6 percent ad valorem.

The infant's bibs fall within textile category designation 239. The children's bibs fall within textile category designation 359. The blanket falls within textile category designation 666. The pad falls within textile category designation 369. The hooded towel falls within textile category designation 363. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Subheading 6307.90.9989, HTS, is not assigned a textile category designation and items classified therein are not subject to quota or visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 John Hansen at 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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