CLA-2-61;95:RR:NC:TA:3:358 C81104

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Brand Boulevard, Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of an infant's knit romper, booties, and hat from Hong Kong and a plush toy from China.

Dear Mr. Hernandez:

In your letter dated October 6, 1997, you requested a tariff classification ruling.

The submitted sample, Style #T1103A, is an infant's knit romper with a matching pair of booties and hat. The romper is constructed of 100% cotton fibers and features a collar, short sleeves, and a partial front opening with a three snap closure. The garment also has a screen printed picture of "Pooh" at the breast area, and a snap crotch. The booties are constructed of 100% cotton fibers and feature a rib knit top and a picture of "Pooh" stitched to the front. The hat is constructed of 100% cotton fibers and features a screen printed picture of "Pooh" on the front. The plush toy, which resembles a bear, will be manufactured in China and packed together with the garments in Hong Kong. The romper, booties and hat are a "failed" babies' set, classifiable in the provision for parts of sets. We are returning your samples as you requested.

The applicable subheading for the romper, hat and booties will be 6111.20.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, knitted or crocheted, of cotton, other, other, imported as parts of sets. The rate of duty will be 8.4.% ad valorem.

The romper, hat and booties fall within textile category designation 239. Based upon international textile trade agreements, products of Hong Kong are presently subject to quota restraints and visa requirements.

The applicable subheading for the plush toy will be 9503.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for "toys representing animals or non-human creatures...and parts and accessories thereof:Stuffed toys." The rate of duty will be free.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-5865.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division