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NY N014979




August 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.2000; 6111.20.6070; 6111.20.6050; 6307.90.9889; 4602.11.0900

Mr. Michael S. McCullough
Vandergrift 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 APL-914 is a “Applesauce 6 Piece Gift Set”. The layette product is sized for infants 0-3 months. The set consists of a lap-shoulder tee, diaper pants, a bib, booties, a hanging door pillow, a fabric covered hanger and a bamboo basket. The lap shoulder tee, diaper pants, bib and booties are constructed from 100% cotton knit fabric. The hanging door pillow has an outer shell constructed of 100% cotton knit fabric and a 100% polyester fiber fill. The hanger is covered with polyester satin fabric and interlined with foam padding. The gift set is packed in a rectangular shaped bamboo basket which measures 15 inches long, 11 inches wide and three inches deep. The style APL-914 “Applesauce 6 piece Gift Set” does not meet the GRI 3(b) requirements for “goods put up in sets for retail sale.”

The applicable subheading for lap shoulder tee will be 6111.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: T-shirts, singlets and similar garments, except those imported as parts of sets. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the diaper pants and bib will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, other: other. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the booties will be 6111.20.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, other: babies’ socks and booties. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the hanger and the door hanging pillow will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides other made up articles, including dress patterns: other: other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the bamboo basket will be 4602.11.0900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: of vegetable materials: of bamboo: other baskets and bags, whether or not lined: other. The duty rate will be 10 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 lap shoulder tee, diaper pants, bib and booties 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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