CLA-2-61:S:N:N3G:358 857081
3926.20.5050
Mr. S. Keith Pool
Fritz Companies, Inc.
P.O. Box 45406 AMF
Atlanta, GA 30320
RE: The tariff classification of children's diapers from China
and Thailand.
Dear Mr. Pool:
This classification decision under the Harmonized Tariff
Schedule of the United States (HTS) is being issued in accordance
with the provisions of Section 177 of the Customs Regulations (19
C.F.R. 177).
DATE OF INQUIRY : Your undated request, which has been
received in this office on October
15, 1990.
ON BEHALF OF : Pansy Ellen Products, Inc.
DESCRIPTION OF
MERCHANDISE : The submitted samples are diaper
covers. Style "Diaper Cover S1"
has a 65 percent cotton, 35 percent
polyester, interlock outer shell, a
vinyl liner, and nylon net lining.
It has velcro closures at the waist
front, an elasticized rear
waistband, and capping at the leg
openings and waist front. The
essential character is imparted
by the outer shell. Style "Diaper
Cover S1" will be imported in sizes
S, M, L and XL.
Style "Diaper Cover (Terry Cloth)"
has a 100 percent cotton, terry,
knit outer shell, a vinyl liner
and nylon net lining. It has
velcro closures at the waist front,
an elasticized rear waistband, and
capping at the leg openings and
waist front. The essential
character is imparted by the outer
shell. Style "Diaper Cover (Terry
Cloth)" will be imported in sizes
S, M, L and XL.
Style "Early Trainer" has a nylon
outer shell with a polyurethane
coating, a man-made fiber,
non-woven layer, and a 100 percent
cotton lining. The item has a
fully elasticized waistband and leg
openings. The item is made up of
heading 6210 fabric. Style "Early
Trainer" will be imported in
toddlers' sizes 2, 3 and 4.
Style "Vinyl Pants" has a single
vinyl layer, and a fully
elasticized waistband and leg
openings. The item will be imported
in sizes S, M, L and XL.
You have indicated in your telephone
conversation that for the diaper
covers and vinyl pants, sizes S, M
and L are for infants up to and
including 24 months of age, and
that size XL is for toddlers, age
3.
HTS PROVISION : STYLE HTS DUTY
CATEGORY SUBHEADING RATE
239 Diaper Cover S1
and Diaper Cover
(Terry Cloth) in
sizes S, M and L 6111.20.6040 8.6%
359 Diaper Cover S1
and Diaper Cover
(Terry Cloth) in
size XL 6114.20.0060 11.5%
659 Early Trainer 6210.10.4025 17%
N/A Vinyl Pants 3926.20.5050 5%
IMPORT RESTRAINTS/
REQUIREMENTS : Merchandise from China is subject to
quota restraints and a visa requirement
based upon international textile trade
agreements. Merchandise from Thailand is
subject to a visa requirement based upon
international textile trade agreements.
The designated textile and apparel
category may be subdivided into parts.
If so, visa and quota requirements
applicable to the subject merchandise may
be affected. Since 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.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport