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NY G84298

November 13, 2000

CLA-2-62:RR:NC:3:353 G84298


TARIFF NO.: 6217.10.9510, 9817.00.96

Mr./Ms. Karthi Gopal
Venus Textiles
18460 Gothard St.
P.O. Box 1700
Huntington Beach, CA 92647-1700

RE: The tariff classification of adult bibs from India, Pakistan and Bangladesh.

Dear Mr./Ms. Gopal:

This ruling replaces ruling NY G83312 dated November 2, 2000, which contains a clerical error. Replacement ruling NYG84298 reads as follows.

The submitted samples are adults bibs composed of woven 100% terry cloth cotton fabric. You expect to import bibs measuring approximately 15” x 26”, 18” x 30” and 18” x 36”. The garments cover the front torso and have a hook and loop fastener at the back of the neck. The bibs will be used by patients in nursing homes.

The applicable subheading for the adult bibs 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% ad valorem.

The adult bibs fall within textile category 359. Based upon international textile trade agreements, products of India and Pakistan are subject to quota restraints and visa requirements. Products of Bangladesh are not subject to quota but are subject a visa requirement.

This office assumes that the only significant purpose of the adult bibs is to keep food and drink from soiling patient’s clothing. U.S. Customs has previously decided that reusable adult bibs are presumed to be used primarily by those whose condition is chronic, not temporary.

On that basis, a secondary classification may apply for this item in HTS 9817.00.96, as “Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped personsOther”, free of duty. All applicable entry requirements must be met, including the filing with Customs at the port of entry of the U.S. Department of Commerce form ITA-362P.

Please note that while these articles may not subject to the assessment of duty, this does not remove them from quota/visa requirements.

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 Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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