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NY K80151




November 13, 2003

CLA-2-94:RR:NC:TA:349 K80151

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.8505; 6111.30.5040; 6111.20.6040

Ms. Angela George
Rashti & Rashti
1375 Broadway, 20th Floor
New York, NY 10018

RE: The tariff classification of a crib set and a pram sack from China and Pakistan.

Dear Ms. George:

In your letter dated October 28, 2003 you requested a classification ruling.

You submitted samples of a crib set and a pram sack. The 4-piece set is comprised of a comforter, bed skirt, fitted sheet and bumper pad. The outer shell of the comforter is made from cotton woven printed fabric. It is stuffed with a polyester filler. All of the edges are finished. The face side of the comforter features embroidery and floral appliques. The comforter measures 30 x 40 inches.

The crib bed skirt is comprised of a platform section and a ruffle or skirt. The platform section is made from a man-made fiber non-woven fabric. The skirt is made from a cotton woven fabric. It has a drop an approximately 9.5 inches. The skirt is sewn to the sides of the platform.

The fitted sheet is made from cotton knit fabric. The fabric is printed with a floral pattern. It is fully elasticized. The outer shell of the bumper pad is made from cotton woven printed fabric. It is stuffed with a polyester filler. One side has floral appliques. Sewn to the edge are textile tie-strings used to secure the bumper pad to the crib. The crib set is made in Pakistan.

The item described as a ”Blanket Bunoks”, is a pram sack. It will be made from either polyester or cotton knit fleece fabric. The item is closed along the bottom in order to be worn as a sack. It has a front zipper opening with a top snap. The item is sleeveless with a button closure at the shoulders. One side is appliqued and embroidered with a bear face. This item will be made in either China or Pakistan.

The crib set meets the criteria for "goods put up in sets for retail sale" as defined in the Explanatory Notes to General Rule of Interpretation 3(b). The comforter imparts essential character of the sets.

The applicable subheading for the 4- piece crib set will be 9404.90.8505, Harmonized Tariff Schedule of the United States (HTS), which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: other: other: quilts, eiderdowns, comforters and similar articles with outer shell of cotton. The duty rate will be 13 percent ad valorem.

The applicable subheading for the polyester pram sack will be 6111.30.5040, HTS, which provides for babies' garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: other. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for the cotton pram sack will be 6111.20.6040, HTS, which provides for babies’ garments and clothing accessories, knitted, of cotton, other, other, other, other. The duty rate will be 8.2 percent ad valorem.

Even if imported as a 4-piece crib set, the individual components of the set are subject to textile category designations as if they were classified separately. Accordingly, the sheet and comforter fall within textile category designation 362. The crib skirt falls within textile category designation 369. The crib bumper is not assigned a textile category number. The polyester and cotton pram sack falls within textile category designation 239. Based upon international textile trade agreements the crib set from Pakistan and the pram sack from 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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