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NY N008005




April 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.9090; 6307.90.9889; 6111.30.5070; 6209.20.5050

Mr. Ray Reynolds
Lee Hardeman Customs Brokers, Inc.
277 Southfield Parkway
Suite 135
Forest Park, GA 30397

RE: The tariff classification of various infant items from China.

Dear Mr. Reynolds:

In your letter dated March 5, 2007, on behalf of Bearington Collection Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style 197120 is a 90% polyester,10% cotton textile upper, closed toe, closed heel baby bootie slipper. The slipper is said to have an upper made predominately of man-made textile materials. The slipper also has a separately sewn-on textile material outer sole with an applied pattern of evenly spaced rubber/plastic traction dots. It is our observation that the material of the outer sole that mostly contacts the ground on this indoor use slipper is textile. We note that this textile sole slipper is not designed for wear inside a shoe.

Style 197075 is a door hanger/pillow. The material of the outer pillow shell is 100% polyester. It is decorative in nature and contains the embroidered words “Shhh! Baby Sleeping.” The item measures approximately 7 inches by 7 inches and is not large enough or designed to be a pillow used for sleeping.

Style 197030 is an infant’s jacket constructed of a knit 100% polyester faux fur fabric. The garment has three buttons over a hook and loop closure, a hood with stuffed fabric eyes and a polyester lining.

Style BJ1262D is an infant’s woven cotton terry cover-up.

The applicable subheading for style 197120 will be 6405.20.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other footwear, with uppers of textile materials and outer soles of other than rubber, plastics, leather or composition leather; in which the fabric of the upper consists by weight, predominately of fibers other than vegetable fibers or wool (linings, accessories or reinforcements not included); and which has a line of demarcation between the sole and the upper. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for style 197075 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, including dress patterns: other: other: other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for style 197030 will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style BJ1262D will be 6209.20.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories: of cotton: other, other. The duty rate will be 9.3 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/.

Styles 197030 and BJ1262D 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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