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NY J80229

February 7, 2003

CLA-2-63:RR:NC:TA:349 J80229


TARIFF NO.: 6302.60.0030; 6111.20.6040; 9503.90.0080

Ms. Leigh Emrick
US JHI Corporation
2224 Evergreen Rd., Ste #2
Middleton, WI 53563

RE: The tariff classification of washcloths, infant’s bibs and rattle from China.

Dear Ms. Emrick:

In your letter dated January 22, 2002 you requested a classification ruling.

The submitted sample, identified as an “Eat Rattle ‘n Wash set”, consists of two washcloths, two infant’s bibs and a rattle. The washcloths are made from 100 percent cotton woven terry fabric. Both sides feature uncut loops. The edges of the cloths are finished with a knit fabric binding. The cloths measure approximately 7.5 x 8.5 inches.

The infant’s bibs are made from 100 percent cotton knit fabric. The fabric on one side is printed with stars and reverse side features stripes. Both bibs feature a snap neck closure. The rattle is comprised of a plastic ring with small beads. Attached to the one end of the rattle is a textile bear’s head. As requested the samples are being returned.

In your letter you refer to instant sample as an “Eat Rattle ‘n Wash set”. The washcloths, bibs and rattle are joined together with a plastic fastener and plastic hanger. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States at the international level, state in Note (X) to Rule 3 (b) that the term "goods put up in sets for retail sale" means goods which:

(a) consist of at least two different articles which are prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity;

(c) are put up in a manner suitable for sale directly to users without repacking.

In this instance the second criterion is not met since the washcloths, bibs and rattle are designed to carry out different activities. The washcloth is used during bathing, the bib serves as a functional article to protect an infant's clothing from stains and the rattle is a toy designed for the amusement of children. Each item will be classified separately.

The applicable subheading for the washcloths will be 6302.60.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton other. The duty rate will be 9.2 percent ad valorem.

The applicable subheading for infant’s bibs will be 6111.20.6040, HTS, which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, other, other. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for the rattle will be 9503.90.0080, HTS, which provides for other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: other: other. The rate of duty will be free.

The washcloths fall within textile category designation 369. The bibs fall within textile category designation 239. Based upon international textile trade agreements products of China are not subject to quota or visa requirements.

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. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 John Hansen at 646-733-3043.


Robert B. Swierupski

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