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NY G83832

November 22, 2000

CLA-2-63:RR:NC:TA:351 G83832


TARIFF NO.: 6307.90.9989, 7326.90.8586

Debbie Mayard
Import Manager
Hamco, Inc.
16131 Hwy. 44 North
Prairieville, LA 70769

RE: The tariff classification of pacifier holders and baby-bottle holder from Hong Kong, China, or Thailand.

Dear Ms. Mayard:

In your letter dated October 23, 2000, you requested a tariff classification ruling.

You submitted three samples. Style PH-708 is a pacifier holder. It features a playful image of an animal head, possibly a giraffe, made of 65% cotton and 35% polyester and filled with 100% polyester. Attached to the back is a metal clip intended to fasten the item to the baby’s clothing. Sewn to the bottom is a nylon ribbon approximately 8” long; at the end of the ribbon, a loop is formed of hook-and-loop fastener, intended to hold the pacifier. PH-707 is similar, except that it is a plastic disk with the clip and ribbon, not a stuffed textile item; the disk has the playful face an animal, perhaps a leopard, printed on it.

Style SBC-714 is a baby-bottle holder, 65% cotton, 35% polyester with the playful head and arms of an animal, perhaps a leopard, sewn onto it. The bottle is meant to slip into it and is held in place by an elastic closure.

The plastic pacifier holder PH-707 is considered a composite good, made up of a plastic disk, a metal clip, and a textile ribbon. Composite goods are classifiable according to General Rule of Interpretation (GRI) 3 of the Harmonized Tariff Schedule of the United States (HTS). GRI 3(a) states that the heading which provides the most specific description is preferred, but that when two or more applicable headings refer to part only of composite goods, those headings are to be considered as equally specific when classifying the goods. GRI 3(b) states that composite goods are to be classified according to the component which gives them their essential character. None of the three components of PH-707 imparts the essential character of the item.

GRI 3(c) states that when goods cannot be classified by reference to rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order. The competing headings for this item are 3926, which provides for other plastic articles; 6307, which provides for other made-up articles of textile, and 7326, which provides for other articles of iron or steel.

The applicable subheading for the plastic pacifier holder PH-707 will be 7326.90.8586, HTS, which provides for other articles of iron or steel, other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the bottle holder SBC-714 will be 6307.90.9989, HTS, which provides for other made-up articles, other. The rate of duty will be seven percent ad valorem.

Neither of the above provisions is subject quota restictions or to the reqirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov.

Regarding the textile pacifier holder PH-708, we are unable to issue a classification ruling at this time. The issue of various articles which incorporate non-human, that is, “animated characters,” is currently before the Court of International Trade in the matter of Minnetonka Brands Inc. v. united States, Court No. 97-05-00894. After a final judicial decision is reached in this case, you may resubmit your request and we will respond at that time.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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