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NY N027027





May 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2028; 6104.62.2060; 6912.00.4400; 7013.37.2000

Ms. Corrie Sorin
Life Is Good
283 Newbury Street
Boston, MA 02115

RE: The tariff classification of various items from China.

Dear Ms. Sorin:

In your letter dated April 24, 2008, you requested a tariff classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style #G4081 is a pair of girl’s lounge pants constructed of 100% knit cotton fabric. The pants feature an enclosed elasticized waist and hemmed bottoms.

Style #G4082 is a pair of girl’s shorts constructed of 100% knit cotton fabric. The shorts feature an elasticized waist and hemmed bottoms.

Style #HH410 Diner Mug is a ceramic mug that is cylindrically shaped and has a handle. It measures approximately 5 inches high by 3 ¼ inches in diameter. The mug is printed with the words “Life is Good” on one side and “let’s get together and feel alright” on the other side. The mug also has a guitar design

Style #HH4302 Pint Glass is a glass measuring approximately 5 ½ inches tall. It is printed with the words “Take your love everywhere you go” and “Life is Good”. The glass also has a heart design. In a telephone call to this office you state that the unit value of the glass is over thirty cents and not over three dollars.

The applicable subheading for style #G4081 will be 6104.62.2028, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: trousers, breeches and shorts, trousers and breeches: of cotton: other, trousers and breeches: girls’: other: other. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style #G4082 will be 6104.62.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts, knitted or crocheted: trousers, breeches and shorts: of cotton: other, shorts: girls’: other. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for style #HH410 will be 6912.00.4400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: tableware and kitchenware: other: other: other: mugs and other steins. The rate of duty will be 10 percent ad valorem.

The applicable subheading for style #HH4302 will be 7013.37.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): other drinking glasses, other than of glass-ceramics: other: other: valued over $0.30 but not over $3.00 each. The rate of duty will be 22.5 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 #G4081 and #G4082 fall within textile category 348. 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. 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.

Ceramic table/kitchenware may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: 1-888-463-6332.

Certain ceramic table and kitchen articles may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the FDA. Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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