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NY L85621




July 7, 2005

CLA-2-49:RR:NC:SP:234 L85621

CATEGORY: CLASSIFICATION

TARIFF NO.: 4901.99.0070; 6104.53.2020; 6217.10.8500; 4202.92.4500

Ms. Nancy Dominioni
Penguin Group (USA) Inc.
405 Murray Hill Parkway
East Rutherford, NJ 07073-2136

RE: The tariff classification of a child’s storybook, a tutu and a hair band packed together in a plastic tote bag, from China.

Dear Ms. Dominioni:

In your letter dated June 13, 2005, you requested a tariff classification ruling.

A pre-production sample of a product identified as “Angelina Ballerina: The Rose Fairy Princess Book and Tutu Set” was submitted for our examination. The set consists of a children’s storybook (about mice performing in a ballet), a girl’s tutu and a textile hair band, all packed together for retail sale in a clear plastic tote bag. Since the components of this product serve more than one activity (e.g., reading/ storytelling and dressing-up/dancing), they will not be regarded for tariff purposes as “goods put up in sets for retail sale,” and will therefore be classified separately. The individual items are listed below, each immediately followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), rate of duty and tariff description.

Hardcover book (approximately 8” square) containing about 32 pages printed with text and illustrations telling the story mentioned above. 4901.99.0070/ Free (Other (than certain enumerated) printed hardbound books)

A girl’s tutu made of knit, 100% polyester fabric. 6104.53.2020/ 16% (Other (than certain enumerated) girls’ skirts and divided skirts, knitted or crocheted, of synthetic fibers.) The tutu falls within textile category designation 642. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

A woven, 100% polyester fabric hair band incorporating a strip of elastic at the back. 6217.10.8500/ 14.6% (Other made up clothing accessories: Headbands, ponytail holders and similar articles)

The 8” x 1” x 12”(H) plastic container in which the above-described articles are packed. This is a double-handle tote bag, made of clear polyvinyl chloride (PVC) plastic sheeting, designed to contain personal effects. The bag incorporates a snap closure. 4202.92.4500/ 20% (Travel, sports and similar bags with outer surface of sheeting of plastic)

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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