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NY D82853

October 16, 1998

CLA-2-62:RR:NC:3:353 D82853


TARIFF NO.: 6217.10.9510

Ms. Carla Cravalho
Hellmann International Forwarders, Inc.
448 Grandview Drive
South San Francisco, CA 94080

RE: The tariff classification of a washable breast pad from China.

Dear Ms. Cravalho:

In your letter dated September 25, 1998, on behalf of Mantex Trading, Inc., you requested a classification ruling.

The submitted sample is a washable breast pad that is used to prevent leakage of breast milk in breast feeding mothers. The item is made of four layers of fabric consisting of an outer layer of 100% nylon lace fabric, a woven 100% polyester fabric lining, 100% polyester fabric padding and a bottom layer of woven 100% cotton flannel fabric.

General Rule of Interpretation (GRI) 3(b) states that "Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable."

In the instant case the item's purpose is to keep bras and garments dry by absorbing breast milk. The portion of the breast pad that touches the skin and allows for absorption, that is the bottom layer of cotton fabric, gives the item its essential character.

The applicable subheading for the washable breast pad will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other...Of cotton." The duty rate will be 15.1% ad valorem.

The washable breast pad falls within textile category designation 359. 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. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-466-5881.


Robert B. Swierupski

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