CLA-2-63:RR:NC:TA:349 F82157

9017.80.0000; 9404.90.2000; 9503.90.0045


Ms. Elliah B. Cruz
Coppersmith Inc.
2041 Rosecrans Avenue
Third Floor
El Segundo, CA 90245

RE: The tariff classification of receiving blankets, padded hanger, tote bags, picture frame, pillow, wooden toy cradle and baby rattle from China and Taiwan.

Dear Ms. Cruz:

In your letter dated January 5, 2000 you requested a classification ruling on behalf of Lambs and Ivy.

Gift Set 150 includes item 150-A a wooden toy cradle, 150-D a baby rattle, 150-C two baby hangers, 150-B a receiving blanket and 150-E a tote bag. The infant rattle is composed of a stuffed animal head, sewn to a stuffed ring that facilitates baby’s grasp. The rattle is housed within the animal’s head portion. The hangers are made of a plastic frame padded with polyester fiber filling and covered with satin woven fabric. Attached to the center of each hanger is a ribbon tied into a bow. The blanket is made from 100 percent cotton woven fabric. The fabric is napped and the edges of the blanket are finished with a strip of woven fabric. One corner of the blanket features an embroidered teddy bear. The vinyl tote bag features a handle and a zipper closure. It is designed to contain personal effects during traveling. All of the components with the exception of the bag are placed inside a wooden cradle which measures 10.5 inches in length. The cradle can manually be pushed to rock back and forth and may serve as a doll’s cradle (doll not included).

Gift Set 151 includes item 151-A a wooden toy cradle, 151-B a door pillow, 151-C growth chart, 151-D picture frame and 151-E a vinyl bag. A picture of the door pillow was submitted. The outer shell is stated to be made from 100 percent cotton woven fabric. The pillow is stuffed with 100 percent polyester filler. It has a loop sewn to the back portion. The picture frame is stated to be made from wood and is designed to contain one picture. All of the items with the exception of the bag feature a design of a bear sleeping on a cloud, stars and a half moon. The bag is designed to contain personal effects during traveling. It is manufactured from clear polyvinyl chloride (PVC) plastic sheeting.

Gift Set 153 includes item153-A a reversible receiving blanket and item 153-B a vinyl bag. The blanket is comprised of two pieces of fabric sewn along the edges. One side is stated to be made from 75 percent cotton and 25 percent polyester knit fabric. The other side is stated to be made from 100 percent polyester knit fabric. The edges are finished with a piece of satin piping. The bag features a handle and a button closure. It is constructed from the same material as item 151-E.

Gift Set 180 includes item 180-A a nursery pillow and Item 180-B a vinyl bag. The outer shell of the pillow is made from 100 percent polyester woven fabric. It is stuffed with a100 percent polyester filler. The front portion is features embroidery and an applique of a bear sleeping on a half moon. The bag has a handle and a button closure and is constructed from the same material as the other bags.

Gift Set 183 includes item 183-A a textile nursery organizer and 183-B a vinyl bag. The organizer consists of a stuffed bear’s head and arms with a textile bag attached to it. The bag portion is made from 65 percent polyester and 35 percent cotton woven fabric. The front portion of the bag has 5 pockets used to contain baby items. Sewn onto the top portion of the bear’s head are textile straps. The bag has a button closure and is constructed from the same material as the above bags. A requested all of the gift sets are being returned.

The applicable subheading for the infant rattle and wooden cradle will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The duty rate will be Free.

The applicable subheading for the blanket (item 150-B) will be 6301.30.0010, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of cotton. The duty rate will be 8.8 percent ad valorem.

The applicable subheading for the padded hanger, door pillow and nursery organizer will be 6307.90.9989, HTS, 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 the vinyl bags will be 4202.92.4500, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the growth chart will be 9017.80.0000, HTS, which provides for other measuring instruments for measuring length for use in the hand. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the wooden frame will be 4414.00.0000, HTS, which provides for wooden frames for paintings, photographs, mirrors or similar objects. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the blanket (item 153-A) will be 6301.40.0020, HTS, which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers. The duty rate will be 10.3 percent ad valorem.

Item 150-B falls within textile category designation 369. Item 153-A falls within textile category designation 666. Based upon international textile trade agreements products of China and Taiwan are subject to quota and the requirement 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. 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 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division