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NY 851190

April 13, 1990

CLA-2-62:S:N:N3G:358 851190

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5040

Mr. Dave Walser
Arthur J. Humphreys, Inc.
P.O. Box 249
Sumas, WA 98295

RE: The tariff classification of infants' diapers from Canada.

Dear Mr. Walser:

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 : March 6, 1990

DESCRIPTION OF
MERCHANDISE : The submitted sample, which has no style number, is an infant's diaper. The outer shell is vinyl and polyester knit. The interior is 100 percent cotton flannel.
The capping is 50 percent cotton, 50 percent polyester. The diaper has velcro closures. The item will be imported in infants' sizes 0 to 2 years.

HTS PROVISION : Babies' garments and clothing accessories, of cotton, other , other, diapers.

HTS SUBHEADING : 6209.20.5040

RATE OF DUTY : 9.9 percent ad valorem

DUTY CONCESSION : Goods classifiable under subheading 6209.20.5040, HTS, which have originated in the territory of Canada, will be entitled to a 7.9 percent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

IMPORT RESTRAINTS/
REQUIREMENTS : Merchandise from Canada is not currently subject to a visa requirement or quota restraints 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

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