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HQ 087268


August 30, 1990

CLA-2 CO:R:C:G 087268 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9590

Mr. Armando Trevino
A & A Customs Brokerage Services, Inc.
3549 E. 14th Suite I
Brownsville, Texas 78521

RE: Baby wipe warmer cover

Dear Mr. Trevino:

This is in reference to your letter dated May 7, 1990, requesting, on behalf of Border Quality Products Corporation, the classification of a baby wipe warmer cover under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The baby wipe warmer cover at issue consists of a textile bag measuring 6 inches by 24 inches with hook and loop fasteners along the bottom edges and at both ends to secure it around a box of baby wipes. You have indicated that both the quilted outer cover and inside backing of broadcloth are made of 50 percent cotton, 50 percent polyester material. The cover is assembled in Mexico from U.S. components. The assembly process includes sewing 6 pieces of hook and loop fastener to the material, sewing the outside cover and inside backing together, stamping the backing with "Assembled in Mexico", packing the articles into cartons and labelling the cartons. The heating element is added after the assembled covers are imported into the United States.

ISSUE:

What is the proper classification of the article at issue under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes. Heading 6307 provides for other made up articles which are not more specifically provided for elsewhere in the Nomenclature.

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6307 state that "This heading covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature." The goods in question are made up articles of textile and are not more specifically provided for elsewhere.

Your inquiry about the applicability of Heading 9802, HTSUSA, has been referred to our Value, Special Programs and Admissibility Branch. They will respond under separate cover.

HOLDING:

The baby wipe warmer cover at issue is classified under subheading 6307.90.9590, HTSUSA, as other made up articles of textile, with a duty rate of 7 percent ad valorem.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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, 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.

Sincerely,

John Durant, Director

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