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NY K82573




January 30, 2004
CLA-2-63:RR:NC:TA:349 K82573

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.40.0020; 8513.10.4000

Ms. Katia Uhlendorf
Homestead Fabrics, Ltd.
230 Fifth Avenue, 12th Floor
New York, NY 10001

RE: The tariff classification of a fleece blanket and novelty lamp from China.

Dear Ms. Uhendorf:

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

You submitted two samples. One sample is a blanket. The blanket is made from 100 percent polyester fleece knit fabric. The fabric features a plaid pattern. The blanket measures 50 x 60 inches and the edges are finished with a whipstitch.

The second sample is a portable battery-operated plastic novelty lamp, referred to as “Glowin’Hippo Flashlight”. It measures approximately 6 inches in height. The lamp is designed to depict a hippopotamus. It features a built-in top carrying handle with a trigger-like mechanism that when depressed raises the mouth, incorporating a lamp and an audio unit, to emit a beam of light and voice. When the top carrying handle is depressed again, the mouth closes to turn off the light. The blanket and novelty lamp are packaged together in a 8 x 10 x 12 inch polyvinyl chloride bag. You note that you intend to package these items in a polyvinyl chloride bag that will be in the shape of a backpack with shoulder straps. Without a sample of the backpack we are unable to ascertain whether the “backpack” should be considered usual packing or separately classifiable.

In your letter you refer to the blanket and novelty lamp as a 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 and novelty lamp are designed to carry out different activities. Each item will be classified separately.

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 8.5 percent ad valorem.

The applicable subheading for the portable novelty lamp will be 8513.10.4000, HTS, which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 3.5 percent ad valorem.

The blanket falls within textile category designation 666. 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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