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NY 857081


October 19, 1990

CLA-2-61:S:N:N3G:358 857081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040; 6114.20.0060; 6210.10.4025; 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

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