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NY J88815




October 8, 2003

CLA-2-63:RR:NC:TA:349 J88815

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.40.0020; 6405.20.9090; 6505.90.6030

Mr. Brian White
Williams-Sonoma, Inc.
3250 Van Ness Avenue
San Francisco, CA 94109

RE: The tariff classification of an infant blanket, cap, and booties from China.

Dear Mr. White:

In your letter dated September 9, 2003 you requested a classification ruling.

The submitted sample, described as a “Nursery Gift Set” style Bunny, consists of an infant’s blanket, cap and booties. All of the items are made from a 100 percent polyester knit fabric. This fabric is of pile construction. The hat and booties are lined with a100 percent cotton knit printed fabric. The blanket is backed with the same cotton knit fabric. All four edges of the blanket are finished with an overcast stitch. The blanket measures 29 x 40 inches. The infant’s booties have a separately sewn-on textile outer sole. The hat fits close to the head and features an upturned brim. Both the cap and booties are stylized to include a bear face. You indicate that this item will be made in other styles that include Hippo, Dog and Frog. As requested the sample is being returned.

In your letter, you refer to the blanket, cap and booties as a “Nursery Gift Set”. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3(b) provides that 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 (c) are put up in a manner suitable for sale directly to users without repacking.

In this instance the second criterion is not met since the blanket, cap and booties are designed to carry out different activities. Each item will be classified separately.

You propose classification of the booties as apparel under heading 6111, HTS. The booties do not qualify as apparel because of the presence of a separate applied sole. The booties are more specifically classifiable as footwear under heading 6405, HTS.

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 9 percent ad valorem.

The applicable subheading for the booties will be 6405.20.9090, HTS, which provides for other footwear: with uppers of textile materials: other, other: other. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for the cap will be 6505.90.6030, HTS, which provides for hats and other headgear, knitted or crocheted, or made up fromother textile fabric other: of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, for babies. The duty rate will be 22 cents per kilogram plus 7.7 percent ad valorem.

The blanket falls within textile category designation 666. The cap falls within textile category designation 239. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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