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NY N005335





January 18, 2007

CLA-2-95:RR:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080; 6405.20.9090

Ms. Lisa Williams
Shelcore
347 Elizabeth Avenue
Somerset, NJ 08873

RE: The tariff classification of baby-booties and a wrist rattle from China

Dear Ms. Williams:

In your letter dated January 9, 2007, you requested a tariff classification ruling.

You are requesting the tariff classification on two products that are described as follows: a Peek-A-Boo textile wrist rattle, item number 04287, and Peek-A-Boo booties. The wrist rattle is designed to fit on the wrist of an infant for the amusement of the baby. The submitted booties are two half pair samples of baby-bootie shoes that are constructed of polyester textile material uppers with textile animal character heads and separately sewn-on textile material soles. The samples will be returned, as requested by your office.

The applicable subheading for the Peek-A-Boo Wrist Rattle, item #04287, will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other toys; reduced-size (“scale”) modelsparts and accessories thereof: otherother. The rate of duty will be free.

The applicable subheading for the Peek-A-Boo booties will be 6405.20.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with uppers of textile material and outer soles of other than rubber, plastics, leather or composition leather, other. The rate of duty will be 12.5% 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/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise (the toy wrist rattle) will be classified in 9503.00.0000 HTSUS.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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