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NY M80151




February 3, 2006

CLA-2-61:RR:NC:TA:358 M80151

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6030; 6302.60.0020; 6302.60.0030; 9503.49.0000

Mr. Neil Helfand
Serko & Simon LLP
1700 Broadway 31st Floor
New York, NY 10019

RE: The tariff classification of infants’ items from China

Dear Mr. Helfand:

In your letter dated February 1, 2006 on behalf of your client Rashti & Rashti, a division of H.J. Rashti and Company, you requested a classification ruling. One subject gift set has been submitted with the request.

Submitted style Y 19907(boy), Y 19908 (girl), Y 19909 (neutral) is a 7-piece newborn gift set consisting of a bodysuit, a pair of socks, a hat, two 9 inch square washcloths, a 26 inch by 32 inch hooded towel and a rubber frog bath toy. The bodysuit and hat are made of cotton interlock knit fabric. The socks are made of 67% cotton, 22% polyester, 5% nylon, 3% rubber, and 3% spandex knit fabric. The washcloths and hooded towel are made of 80% cotton, 20% polyester terry knit fabric. The gift set pieces are packaged in a rectangular shaped cardboard container with slip-off clear plastic lid. The contents are visible within.

The samples will be retained for reference purposes.

The applicable subheading for the bodysuit, socks and hat 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 hooded towel will be 6302.60.0020, 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, towels, other. The duty rate is 9.1 percent ad valorem.

The applicable subheading for the rubber bath toy will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof, other. The rate of duty will be free.

The bodysuit, hat, and socks fall within textile category designation 239. The washcloths fall within category 369. The hooded towel falls within category 363. 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.

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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