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HQ 083160


April 3, 1989

CLA-2 CO:R:C:G 083160 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4818.40.2000

Lewis Stein
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, New Jersey 08933-7002

RE: Classification of certain adult incontinent diapers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

Dear Mr. Stein:

This ruling is in response to your letter of October 21, 1988, requesting the classification of certain adult incontinent diapers under the HTSUSA.

FACTS:

A sample adult incontinent diaper was submitted for review. It represents three styles, 2809, 2810, and 2811, which are identically constructed except for a difference in the weight of the components.

The diapers consists of several components including pulp and textile facing. Breakdowns of the weight in grams and percentage of weight of each component for all three styles were submitted.

ISSUE:

Are the adult incontinent diapers, styles, 2809, 2810, and 2811, classifiable in the provision for diapers and diaper liners and similar sanitary articles of paper pulp, subheading 4818.40.2000, HTSUSA?

LAW AND ANALYSIS:

The adult incontinent diapers, styles, 2809, 2810, and 2811, consist of more than one material or substance as illustrated by the component material breakdowns which were supplied. General Rule of

Interpretation (GRI) 2(b) provides that "(t)he classification of goods consisting of more than one material or substance shall be according to the principles of Rule 3." Accordingly, under GRI 3(a) two alternate headings (one for the textile component, the other for the pulp) emerge which must be deemed equally specific. GRI 3(b) then becomes applicable and directs that the articles be classified as if they consisted of the material or component which gives them their essential character.

The fluffed pulp, in Customs opinion, is the component which gives the diapers their essential character. It is the chief element in regard to bulk, weight, and quantity. It provides the absorbency and disposability required of these products. It is, in essence, that which gives the diapers value and makes them usable for their intended purpose.

HOLDING:

The adult incontinent diapers, styles 2809, 2810, and 2811, are classifiable in the provision for diapers and diaper liners and similar sanitary articles of paper pulp, subheading 4818.40.2000, HTSUSA. The general rate of duty will be free.

Sincerely,

John Durant, Director
Commercial Rulings Division

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