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NY M84444




July 13, 2006

CLA-2-65:RR:NC:3:353 M84444

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1515

Ms. Mary Bailey
Sears Holding Company
3333 Beverly Road
Hoffman Estates, IL 601923

RE: The tariff classification of hat and bootie sets from China.

Dear Ms. Bailey:

In your letter dated June 16, 2006, you requested a classification ruling.

The submitted samples are Items 00161 and 00162 Hat and Bootie Sets for a small infant, each consisting of two hats and two pairs of booties. The hat and bootie sets are constructed of knit 100% cotton fabric. All of the hats are made of two panels, have a cuff and fit snuggly on the head; all of the socks feature a cuff. Item 00161 has a blue hat and bootie with embroidery, and a blue and yellow striped hat and bootie. Item 00162 has a yellow hat and bootie with embroidery, and a yellow striped hat and bootie.

Neither the hat, classifiable in heading 6505, nor the bootie, classifiable in heading 6111, imparts the essential character of the set. Following General Rule of Interpretation (GRI) 3(c), the set will be classified in the heading which occurs last in numerical order in the HTS.

The applicable subheading for the Items 00161 and 00162 Hat and Bootie Sets will be 6505.90.1515, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hats and other headgear, knitted or crocheted whether or not trimmedother: of cotton, flax or both: knitted, of cotton: for babies.” The duty rate will be 7.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Items 00161 and 00162 hats fall within textile category designation 359. Even though the Items 00161 and 00162 booties are included as a constituent part of the set for classification purposes, they still fall within textile category 239 and may be subject to textile quota and visa requirements, which 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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