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NY A83481

May 23. 1996

CLA-2-61:PD:TC:MEF G28


TARIFF NO.: 6111.20.6040; 6111.30.5040

Mr. Louis J. DeMarco
Carnisco International Express
65 Roosevelt Avenue
Valley Stream, New York 11581

RE: The tariff classification of Childrens' Fabric Lined Diapers from China

Dear Mr. DeMarco:

In your letter dated May 8, 1996, you requested a tariff classification ruling on behalf of Geri-Care Products.

The submitted sample is a Childs' Fabric Lined Diaper, Style Number 96-0001. The knit diaper will be produced using either 100% cotton or a 50/50 cotton-polyester blend. The diaper will be lined with heat laminated 1-2 ounces of urethane. The diaper closures at the waistband are polyester, and the elastic at the leg openings will be nylon-polyester covered with rubber.

The applicable subheading for the Childrens' 100% Cotton Fabric Lined Diaper will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of Cotton: Other: Other: Other: Other. The rate of duty will be 8.5% ad valorem.

The applicable subheading for the Fabric Lined Diaper made from a 50/50 cotton-polyester blend will be 6111.30.5040, Harmonized Tariff Schedule of the United States, which provides for Babies' garments and clothing accessories, knitted or crocheted: Of Synthetic Fibers: Other: Other: Other. The rate of duty will be 16.8% ad valorem.

The Childrens' Fabric Lined Diaper falls within textile category designation 239. You state the diapers will be made in China. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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. 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.


Carole E. Graves
Port Director

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