The tariff classification of an infant hat, booties and mitten set from China.

N033469 August 12, 2008 CLA-2-65:OT:RR:NC:N3:353 CATEGORY: Classification TARIFF NO.: 6505.90.6030 Mr. Troy D. CragoAtico Int’l. USA, Inc. 501 South Andrews Ave. Ft. Lauderdale, FL 33301 RE: The tariff classification of an infant hat, booties and mitten set from China. Dear Ms. Crago: In your letter dated July 11, 2008, you requested a classification ruling. The sample which you submitted is being returned as requested. The submitted sample Item A003IA00437 is an infant hat, booties and mitten set made of knit 100% acrylic fabric that will be imported in sizes 0to 6 months. Neither the hat, classifiable in heading 6505, the bootie classified in heading 6111, nor the mitten, classifiable in heading 6116, imparts the essential character of the set. Following General Rule of Interpretation (GRI) 3(c), the set will be classified in the heading which occurs last in numerical order in the HTS. The applicable subheading for Item A003IA00437, will be 6505.90.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted,…whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, For babies. The duty rate will be 20cents/kg + 7% 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/. All items fall within textile category 239. Although the acrylic booties are included as a constituent part of the set for classification purposes they fall within the quantitative restrictions between the United States and China, commonly referred to as China Safeguards or Safeguard Quotas. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division