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NY G85621




February 1, 2001

CLA-2-65:RR:NC:3:353 G85621

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1515, 6111.20.6040

Ms. Sandy Disher
Sara Lee Branded Apparel
1000E. Hanes Mill Rd.
Winston-Salem, NC 27105

RE: The tariff classification of an infant hat and bootie set and infant hat and booties from the Dominican Republic.

Dear Ms. Disher:

In your letter dated December 27, 2000 you requested a classification ruling. The samples will be returned to you as requested.

The submitted sample, Style TSCBP is an infant hat and bootie set composed of knit 100% cotton fabric consisting of style TSBTP2, infant bootie and TSCPP1, infant hat. The set is ready for retail sale. The hat fits snugly on the head and has a cuff. The booties have a ribbed knit cuff at the top.

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 repackaging.

The hat and booties set meet all of the criteria for classification as a set. Since the hat 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 Style TSCBP, the hat and booties set 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% ad valorem.

Style TSCBP falls within textile category designation 239. Based upon international textile trade agreements products of the Dominican Republic 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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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