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NY M84985





July 25, 2006

CLA-2-65:RR:NC:N3:353 M84985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6030

Mr. Charles Ashear
Paris Asia, Ltd.
350 Fifth Ave. Floor 70
New York, NY 10118

RE: The tariff classification of infant hat and mitten set from China. Correction to Ruling Number M83319

Dear Mr. Ashear:

This replaces Ruling Number M83319, dated June 15, 2006, which contained a typographical error in the style number. A complete corrected ruling follows.

In your letter dated May 25, 2006 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style AW36L133I is an infant hat and mitten set representing a lamb. The set is made of knit polyester fabric. Styles AW36K125IF, AW36K125ID, and AW36L134I will also be imported, the only difference will be the animal design. The fabric content will be the same as style AW36L133I.

Neither article imparts the essential character of the set, which will be classified in accordance with General Rule of Interpretation (GRI) 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for the infant hat and mitten set will be 6505.90.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabricwhether or not lined or trimmed: Other, Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, For babies.” The duty rate will be 20 cents per kilogram + 7% ad valorem. The textile category designation is 239.

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/. 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.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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