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HQ 953848


June 14, 1993

CLA-2 CO:R:C:T 953848 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.4025

Mr. William A. Barabino, President
In-Case Products, Inc., Suite 123
28310 Roadside Drive
Agoura Hills, CA 91301

RE: Modification of HRL 952582; nonwoven disposable panties with sanitary napkin; Legal Note 5 to Chapter 62; headings 6208 and 6210; Explanatory Notes to heading 6210; HRL 953305

Dear Mr. Barabino:

In Headquarters Ruling Letter (HRL) 952582, dated January 15, 1993, we advised you that a women's disposable panty was classified in subheading 6208.92.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "[w]omen's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: [o]ther: [o]f man-made fibers: [d]isposable briefs and panties designed for one-time use." Since that ruling was issued, we have reconsidered our position concerning the classification of the disposable panty and find that it was incorrectly classified.

FACTS:

The article at issue is a woman's disposable panty, style no. BNP-1FN-25, constructed of 100% olefin fiber (polypropylene). The panty has an elasticized waist, elasticized leg openings and a sanitary napkin sewn into the crotch panel. The sanitary napkin weighs 8.7 grams and is comprised of 8.45 grams of cellulose fiber and .25 grams of other materials. The total weight of the panty is 14.8 grams.

ISSUE:

What is the tariff classification of the disposable panty with a sanitary napkin?

LAW AND ANALYSIS:

In HRL 952582, Customs stated that, in determining the classification of the disposable panty with a sanitary napkin, the following two headings were at issue: heading 4818, HTSUS, and heading 6802, HTSUS. As neither of these headings specifically described the subject article, we looked to the remaining GRI's to determine its classification. We held that pursuant to GRI 3(c), the panty was classifiable in subheading 6208.92.0025, HTSUS.

After reviewing this ruling, we have determined that a third heading should have been considered in classifying the panties: heading 6210, HTSUS, which provides for "[g]arments, made up of fabrics, of heading 5602, 5603, 5903, 5906 or 5907." The material used for the subject panty is made from nonwoven polypropylene. This material is considered to be a nonwoven fabric classifiable in heading 5603, HTSUS. Therefore, as the panty is made up of a fabric of heading 5603 it is prima facie classifiable in heading 6210, HTSUS.

Moreover, Legal Note 5 to Chapter 62, HTSUS, states that "[g]arments which are, prima facie, classifiable both in heading 6210 and in other headings of this chapter, excluding heading 6209, are to be classified in heading 6210." Inasmuch as the panty is prima facie classifiable in both headings 6208, HTSUS, and 6210, HTSUS, it is classifiable in heading 6210, HTSUS.

Thus, when determining the classification of the panty pursuant to GRI 3(c), heading 4818, HTSUS, and heading 6210, HTSUS, should have been considered. As heading 6210, HTSUS, occurs last in numerical order among those which equally merit consideration, it is the heading where the panties are classifiable. Specifically, the panties are classified in subheading 6210.10.4025, HTSUS, "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [o]ther: [o]ther." See, Headquarters Ruling Letter 953305, dated June 7, 1993, which classified panties made of nonwoven nylon and nonwoven polypropylene, respectively, in subheading 6210.10.4025, HTSUS.

HOLDING:

The disposable panty is classified in subheading 6210.10.4025, HTSUS, which provides for "[g]arments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: [o]f fabrics of heading 5602 or 5603: [o]ther: [o]ther: [o]ther. The rate of duty is 17% ad valorem and the applicable textile category is 659.

The designated textile and apparel categories may be subdivided into parts. If so, the 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 the importer 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 updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

This ruling should be considered a modification of HRL 952582 under 19 CFR 177.9(d)(1). It will not be applied retroactively to HRL 952582 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of the panties classified under that ruling. However, for purposes of future transactions in merchandise of this type, HRL 952582 will not be valid precedent.

Sincerely,

John Durant, Director
Commercial Rulings Division

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