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NY L88795




November 15, 2005

CLA-2-61:RR:NC:TA:358 L88795

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6030; 6302.60.0030; 6307.90.9889; 9615.11.1000; 9615.11.3000; 9603.29.4010; 9603.29.8010

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

RE: The tariff classification of infants’ items from the Philippines

Dear Ms. George:

In your letter dated November 8, 2005 you requested a classification ruling.

The submitted style is a 12-piece mix and match gift set consisting of a tee shirt, a diaper cover, a bodysuit, a bib, leggings, a burp cloth, booties, two washcloths, a plastic brush, a plastic comb and hand mitts. With the exception of the comb and brush, all items are made of knitted fabric. The tee shirt, diaper cover, bodysuit, bib, leggings, booties and hand mitts are made of cotton interlock fabric. The washcloths are made of french terry fabric that is 85% cotton, 15% polyester and measure approximately 9 inches square. The burp cloth is made of french terry cotton fabric. The gift set pieces are packaged in a rectangular shaped cardboard container with slip-off clear plastic lid. The contents are visible within.

As requested, the sample will be returned to you.

The applicable subheading for the tee shirt, diaper cover, bodysuit, bib, leggings, booties and hand mitts will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, other, imported as parts of sets. The duty rate is 8.1 percent ad valorem.

The applicable subheading for the washcloths will be 6302.60.0030, HTSUS, which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton, other. The duty rate is 9.1 percent ad valorem.

The applicable subheading for the burp cloth will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other, other. The duty rate is 7 percent ad valorem.

The applicable subheading for the plastic comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTSUS, which provides for combs, hair-slides and the like, of hard rubber or plastics, combs, valued not over $4.50 per gross. The duty rate is 14.4 cents per gross and 2 percent ad valorem.

The applicable subheading for the plastic comb, if valued over $4.50 per gross, will be 9615.11.3000, HTSUS, which provides for combs, hair-slides and the like, of hard rubber or plastics, combs, valued over $4.50 per gross, other. The duty rate is 28.8 cents per gross and 4.6 percent ad valorem.

The applicable subheading for the hair brush, if valued not over 40 cents each will be 9603.29.4010, HTSUS, which provides for tooth brushes, shaving brushes, hairbrushes, other, valued not over 40 cents each. The duty rate is 0.2 cents each and 7 percent ad valorem.

The applicable subheading for the hair brush, if valued over 40 cents each will be 9603.29.8010, HTSUS, which provides for tooth brushes, shaving brushes, hairbrushes, other, valued not over 40 cents each, hairbrushes. The duty rate is 0.3 cents each and 3.6 percent ad valorem.

The tee shirt, diaper cover, bodysuit, bib, leggings, booties and hand mitts fall within textile category designation 239. The washcloths fall within 369. 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.

You also inquire as to the country of origin marking required for individual gift set contents. You advise that the country of origin for all articles will be the Philippines and that the gift box itself will include the country of origin and care label information.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the gift set, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported gift set.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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