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NY N025580




April 7, 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; 6301.30.0020

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

RE: The tariff classification of three collections of infants’ items from China.

Dear Ms. Balderas:

In your letter dated March 28, 2008, you requested a classification ruling. The samples will be returned to you.

You have submitted pre-production samples for three collections of infants’ textile articles that will be imported, packaged and sold together as a unit. Submitted sample, style GF8SW1004NWO is a “6 piece Layette Set”. The layette product is sized for infants size 0-3 months and all items are constructed from cotton interlock knit fabric. The garments include: a pair of pants, a bodysuit, a creeper, a bib with adjustable snap closure, a hat and a pair of booties. The pants feature an 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 long sleeves and has an eleven metal snap opening extending from the front neckline and down both pants legs. The style GF8SW1004NWO 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.”

Submitted sample, style GF8SW1016NWO is an “8 piece Layette Set”. The layette product is sized for infants size 3-6 months and all items are constructed from cotton interlock knit fabric. The garments include: a pair of pants, a cardigan, a bodysuit, a convertible gown, a bib with adjustable snap closure, a hat, hand mitts and a receiving blanket. The footed pants feature an enclosed elasticized waistband and rib-knit cuffs. The bodysuit features long sleeves, lap-shoulders and a three snap bottom closure. The convertible gown is a full body enclosure with long sleeves and has two metal snap openings on each shoulder and elasticized fabric at the garment bottom designed to keep the feet within the fabric compartment. The cardigan has long sleeves, a round neckline and a full front four metal snap opening that fastens right over left. The receiving blanket measures approximately 36 inches by 36 inches and has finished sides with scallop edging. The style GF8SW1016NWO receiving blanket and other layout articles do not constitute goods put up in sets for retail sale because the individual items lack a common use and purpose, i.e., the blanket is used for warmth and the apparel is used as clothing. The style GF8SW1016NWO convertible gown, creeper, pants and cardigan are not designed to be worn together at the same time. The “8 piece Layette Set” does not meet the GRI 3(b) requirements for “goods put up in sets for retail sale.”

Submitted sample, style GF8SW1015PRO is a “Preemie Cardigan Set”. The four piece product is sized for premature babies. All items are constructed from cotton interlock knit fabric. The garments include: a pair of pants, a bodysuit, a creeper, a cardigan and a hat. The footed pants feature an enclosed elasticized waistband and a six metal snap opening at the crotch and legs. The bodysuit features short puff sleeves, a full front opening that fastens right over left and is secured by four metal snaps and a three snap bottom closure The cardigan has long sleeves with hemmed cuffs, overlapping front panels that fasten right over left and are secured by a hidden metal snap and fabric tab closure which attaches to the interior side seam and an exterior ribbon bow closure The style GF8SW1015PRO pants, bodysuit, cardigan and hat are designed to be worn together at the same time.

The applicable subheading for the pants, styles GF8SW1004NWO and GF8SW1016NWO, 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, styles GF8SW1004NWO and GF8SW1016NWO, 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, styles GF8SW1004NWO and GF8SW1016NWO and the convertible gown and hand mitts, style GF8SW1016NWO 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, styles GF8SW1004NWO and GF8SW1016NWO, 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, style GF8SW1004NWO 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 receiving blanket, style GF8SW1016NWO will be 6301.30.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton, other. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for style GF8SW1015PRO will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of cotton: other: other, other: sets. 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, except for the receiving blanket 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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