CLA-2-61:RR:NC:3:353 K89105

Ms. Melissa Strain
ACI International Inc.
2018 Prairie Circle
Olathe, KS 66062

RE: The tariff classification of surgical wipe, and “gripper slippers” from China.

Dear Ms. Strain:

In your letter dated August 27, 2004 you requested a tariff classification ruling.

Four samples were submitted with your request. Item 1901-0018 is a 13” x 13” hospital/surgical wipe composed of 92% wood pulp and 8% latex.

You suggested classification in heading 5603, HTS that provides for certain non-woven textile fabrics. However, since this item is composed essentially of wood pulp, it is considered to be of paper rather than textile fabric.

Item 1901-244 is a gripper slipper without an applied sole composed of knit 100% polyester fabric with small plastic or rubber dots at the bottom to prevent slipping.

Item 1901-0243 is a gripper slipper without an applied sole composed of knit 100% cotton fabric with small plastic dots at the bottom to prevent slipping.

Item 1901-0242 is a gripper slipper composed of non-woven textile material. The slipper has an applied sole. The item is a sling back style with an elastic strap.

The applicable subheading for the hospital/surgical wipe will be 4818.20.0020, HTS, which provides for: Towels of paper pulp, paper, cellulose wadding or webs of cellulose fibers. The duty is Free.

The applicable subheading for the item 1901-0244 will be 6115.93.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for "Pantyhose…socks…without applies soles…knitted or crocheted: Other: Of synthetic fibers: Other: Other, Other." The duty rate will be 14.6% ad valorem.

 The applicable subheading for the item 1901-0243 will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Panty hose…socks…without applied soles…knitted or crocheted: Other: Of cotton: Other: Other.” The duty rate will be 13.5% ad valorem.

The applicable subheading for item 1901-0242 will be 6405.20.90, Harmonized Tariff Schedule of the Unite States (HTS), which provides for “ Other footwear: With uppers of textile materials: Other.” The duty rate will be 12.5% ad valorem.

Item 1901-0243 falls within textile category designation 332. 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 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division