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NY N014975




August 13, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6010; 6505.90.1515; 6405.20.3090; 4823.90.6700 Mr. Michael S. McCullough
Vandegrift Forwarding Company Inc.
9317 Cheshire Road
Sunbury, OH 53074

RE: The tariff classification of infant’s items from China.

Dear Mr. McCullough:

In your letter dated July 24, 2007, on behalf of bon bebe, a division of International Intimates Inc., you requested a classification ruling. The sample will be retained by this office.

Your submitted sample, style OB-920 is a “First Team 4 piece Locker Gift Set”. The layette product is sized for infant’s 0-3 months. The gift set consists of a bodysuit, baseball cap, sneakers and a picture frame. The bodysuit is constructed from 100% knit cotton fabric. The bodysuit features lap shoulders, short sleeves and a metal three snap closure. The bodysuit has self-fabric capping around the neckline, lap shoulders, sleeves and leg openings. The baseball cap is constructed from 100% knit cotton fabric and features an elasticized back and a front peak. The sneakers feature a textile material upper of cotton and a separately applied textile material outer sole affixed to the upper by sewing. The sneakers are not designed for wear inside a shoe. Also included is a rectangular picture frame measuring approximately 2.5” x 4” with a 1 ¼” x 3” clear plastic “window” to exhibit a picture (photograph) that would be inserted through an opening at the bottom of the frame. It is made of coated design-printed paper and paperboard with foam padding. The frame has a fold-out stand on the back as a means of display. The “First Team Locker Gift Set” does not meet the GRI 3(b) requirements for “goods put up in sets for retail sale.”

The applicable subheading for the bodysuit will be 6111.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, sunsuits. washsuits and similar apparel. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the hat will be 6505.90.1515 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 fabric, in the piece (but not in strips), whether or not lined or trimmed: hair-nets of any material: other: other: of cotton, flax or both: knitted: of cotton: for babies. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for the sneakers will be 6405.20.3090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear: with uppers of textile materials: with uppers of vegetable fibersother. The duty rate will be 7.5 percent ad valorem.

Chapter 99, HTSUS, provides for temporary modifications to the Harmonized Tariff Schedule of the United States established by legislative, executive and administrative action. Subheading 9902.13.92 provides a temporary reduced rate of duty of 6.5% ad valorem for other footwear with uppers of vegetable fibers, other than such footwear for men or women (provided for in subheading 6405.20.30). In this regard, your shoe for infants will receive preferential duty treatment under the provision of 9902.13.92, HTSUS.

The applicable subheading for the above-described frame will be 4823.90.6700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) articles of coated paper or paperboard. The duty rate will be Free.

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 bodysuit and hat fall within textile category 239. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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