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NY 854729

September 28, 1990

CLA-2-48;61;62:S:N:N3H:354 854729

CATEGORY: CLASSIFICATION

TARIFF NOS.: 4818.40.4060; 6108.92.0030; 6212.10.2010; 6212.10.2020

Mr.Gerard Gonzales
K&K Import/Export Company
6417 Western Avenue
Whittier, CA 90606

RE: The tariff classification of nursing pads, lounging robe and brassieres from Japan.

Dear Mr. Gonzales:

In your letter dated July 17, 1990, you requested a classification ruling.

The sample brassiere marked A is constructed of 100% cotton knit material. The crop styled garment features a hook and loop fabric adjustable closure at the overlapping front, 2 1/4 inch wide shoulder straps and decorative edging on the arm holes and neckline. The garment also has knitted net-like pockets sewn inside each cup to hold nursing pads. Sample B is similar to style A except it is constructed from 100% nylon knit material and has lace-like raschel knit openwork on the front neckline. Sample C is wrap around lounging robe composed of nylon knit material. The upper portion of this garment is designed like style B with a front hook and loop closure. The bottom portion of this knee length garment features lace-like raschel knit openwork along the hem which extends along the visible half of the vertical side opening. Two sets of fabric ties are used to secure the opening. The sample marked D is a disposable nursing pad. The circular pad is a multi-layered product, about 11cm in diameter. One outer layer appears to be pink tissue paper lined with plastic film, while the other appears to be a non-woven textile fabric. Our laboratory has determined that the center layers, which provide the main absorptive function of the article, are circular sheets of white paper.

The applicable subheading for sample A will be 6212.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other... of cotton. The duty rate will be 18 percent ad valorem.

The applicable subheading for sample B will be 6212.10.2020, (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other... of man- made fibers. The duty will be 18 percent ad valorem.

The applicable subheading for sample C will be 6108.92.0030, (HTS), which provides for Women's or girls' slips, ... dressing gowns and similar articles, knitted or crocheted: other: of man- made fibers. The duty rate will be 17 percent ad valorem.

The applicable subheading for sample D will be 4818.40.4060, (HTS), which provides for sanitary articles similar to sanitary napkins and tampons, diapers and diaper liners, of paper. The duty rate will be 5.3 percent ad valorem.

Sample A falls within textile category designation 349, sample B in category 649 and sample C in category 650. Based upon international textile trade agreements, products of Japan are subject to visa 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, 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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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