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NY N020952




January 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.5000; 6111.20.6010; 6111.20.6070; 6505.90.1515; 6111.20.6050

Ms. Gayle E. Williams
Sears Holding Corp.
Dept 7331IMP – A3-366B
3333 Beverly Road
Hoffman Estates, IL 60179

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

Dear Ms. Williams:

In your letter dated December 14, 2007, you requested a classification ruling. The sample will be returned to you.

Your submitted sample, style # BS8SW1006NWO is a “6 piece Layette Set”. The layette product is sized for infant’s size 0-3 months and all items are constructed from 100% cotton knit fabric. The garments include: a pair of pants, a bodysuit, a creeper, a bib with an adjustable snap closure, a hat and a pair of booties. The pants feature enclosed elasticized waistband and rib-knit cuffs. The body suit features short sleeves, lap-shoulders and a three snap bottom closure. The creeper is a full body suit with short sleeves and has a 12 metal snap opening extending from the front neckline and down both pants legs. It also has contrasting color knit fabric at the neckline, placket, sleeves and leg openings. The style # BS8SW1006NWO bodysuit, creeper and pants are not designed to be worn together at the same time. The “6 piece Layette Set” does not meet the GRI 3(b) requirements for “goods put up in sets for retail sale.”

The applicable subheading for the pants will be 6111.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: trousers, breeches and shorts, except those imported as parts of sets. The duty rate will be 14.9 percent ad valorem.

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 creeper 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 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 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.

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/.

All items fall within textile category 239. Cotton booties in 6111.20.6050, HTSUS, fall within the quantitative restrictions between the United States and China, commonly referred to as China Safeguards or Safeguard Quotas. 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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