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NY 869758


December 20, 1991

CLA-2-56:S:N:N3H:350 869758

CATEGORY: CLASSIFICATION

TARIFF NO: 5602.10.9090

Mr. D.A. Kemp
TEX-PRO Western Limited
1221 Franklin Street
Vancouver, B.C. V6A IJ8
Canada

Dear Mr. Kemp:

RE: The tariff classification of a "nonwoven needlepunched fabric", for use in the manufacture of pads for baby diapers and incontinent products for adults, from the Japan.

Dear Mr. Kemp:

In your letter dated December 6, 1991, you requested a tariff classification ruling.

While no sample was furnished, you write that these pads are of a nonwoven, needlepunched process of manufacture. Based upon your correspondence, we will assume the principle method of construction is via needlepunching using staple fibers. You indicate that the composition of these fibers is 100% acrylic and the material will be imported in 100 yard rolls.

The applicable subheading for the product will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch bonded fiber fabrics, of other than wool or fine animal hair. The rate of duty will be 12.5 percent ad valorem.

The product falls within textile category designation 223. Based upon international textile trade agreements, products of Japan are subject to quota and the requirement of a visa.

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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