CLA-2-61;62:RR:NC:TA:358 L80446
Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th floor
Seattle, WA 98104
RE: The tariff classification of an infants’ swim diaper from China
Dear Mr. Mento:
In your letter dated November 1, 2004, written on behalf of Family Clubhouse, Inc. dba I Play, you requested a classification ruling.
Submitted style 252 is a disposable swim diaper. The outer shell is made of non-woven polyester fabric. There is a sewn- in pad for absorption that is made of 90% cellulose, 10% polyolefin. The panty like article has elasticized fabric at the waist and leg openings.
You state in your letter that you received verbal advice from Customs indicating the disposable diaper is classified in 6210.10.7000, Harmonized Tariff Schedules of the United States (HTUSUS). Style 252 is not in heading 6210 because Note 4(b), Chapter 62 states as follows, “Articles which are, prima facie, classifiable both in heading 6209 and in other headings of this chapter are to be classified in heading 6209.”
As you have requested, the sample styles are being returned.
The applicable subheading for style 252 will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, of synthetic fibers, other, other, other. The duty rate is 16 percent ad valorem.
Style 252 falls within textile category designation 239. Based upon international textile trade agreements products of China are not currently subject to quota or 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 Bruce Kirschner at 646-733-3048.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division