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NY K80384




November 26, 2003
CLA-2-63:RR:NC:TA:349 K80384

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.30.0020; 6302.91.0060; 6307.90.9889; 6111.20.6040; 6505.90.1515

Ms. Silvia Tseng
Catini Bags Inc.
4449 Easton Way, 2nd Floor
Columbus, Ohio 43219

RE: The tariff classification of blanket, washcloths, textile basket, infant hat and infant booties from China.

Dear Ms. Tseng:

In your letter dated October 30, 2003 you requested a classification ruling.

The instant sample identified as an “Animal Gift Set” consists of a blanket, washcloths, textile basket, infant booties and infant hat. The blanket is made from 100 percent cotton knit fabric. All of the edges are hemmed and features rounded corners. It measures approximately 29 x 30 inches. The washcloths measure 10 inches square and have rounded corners. They are made from the same fabric as the blanket. The textile basket is made from a man-made fiber knit pile fabric stuffed with polyester filler. It is stylized to resemble a bear with an opening in the stomach area. The opening is lined with a printed woven fabric. The fabric is made from 65 percent cotton and 35 percent polyester. It is used to contain the blanket, washcloths, cap and booties. The infant’s booties and hat are also made from the same fabric as the blanket. The brim of the infant’s hat has a white trim and the hat features two textile tie strings.

Please note that the “Animal Gift Set”does not meet the qualifications of "goods put up in sets for retail sale". In order to qualify as a set the components of the set must meet all three of the following criteria:

1- consist of at least two different articles which are, prima facie, classifiable in different headings;

2- put up together to meet a particular need or carry out a specific activity;

3- packed for sale directly to users without repacking.

In this case the second criterion is not met since the items are put up for different uses.

The applicable subheading for the blanket will be 6301.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton other. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the washcloths will be 6302.91.0060, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of cotton other: other. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for the textile basket will be 6307.90.9889. HTS, which provides for other made up articles, including dress patterns: other: other: other other: other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the infant’s hat will be 6505.90.1515, HTS, which provides for hats and other headgear, knitted or crochetedother: of cotton flax or both: knitted, of cotton: for babies. The duty rate will be 8 percent ad valorem.

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

The blanket and washcloths falls within textile category designation 369. The infant’s hat and booties fall within textile category designation 239. Based upon international textile trade agreements items in category designation 239 from China are subject to quota and the requirement of a visa.

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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