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August 16, 1999

CLA-2-56:RR:NC:TA:350 E85582

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.12.0090; 5603.13.0090

Mr. Douglas Turnbull
Tomen America Inc.
1285 Avenue of the Americas
New York, NY 10019-6028

RE: The tariff classification of thermoplastic elastomer spunbonded nonwoven fabric for use in disposable baby diapers, from Japan.

Dear Mr. Turnbull:

In your letter dated July 29, 1999, you requested a classification ruling. The supplier is Kanebo Gohsen, Ltd., Osaka, Japan.

You submitted a booklet containing eight materials of similar construction differing mainly in weight. These materials consist of thermoplastic polyurethane elastomer spunbonded (filaments) nonwoven fabrics. You state that you wish to import only four particular styles which are UHO 50, UHO 75, UHO 85 and UHO100. The number portion of the style number refers to weight expressed in grams per square meter. Your brochure indicates the thicknesses will range from 0.12 mm to 0.63 mm.

The applicable subheading for style UHO 50 will be 5603.12.0090, Harmonized Tariff Schedules of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m2 but not more than 70 g/m2. The duty rate is Free.

The applicable subheading for styles UHO 75, UHS 85 and UHS 100 will be 5603.13.0090, Harmonized Tariff Schedules of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70 g/m2 but not more than 150 g/m2. The duty rate is Free.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Japan are subject to 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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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