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NY 892816




December 23, 1993

CLA-2-63:S:N:N6:349 892816

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Miguel Ruiz
Miami International Forwarders
P.O. Box 523730
Miami, Florida 33152-3730

RE: The tariff classification of a protective bed pad; incontinent care products from the Dominican Republic.

Dear Mr. Ruiz:

In your letter dated November 23, 1993, on behalf of Associated Garment Inc. you requested a tariff classification ruling.

The submitted sample is a protective bed pad. The top layer is white and is made of 100 percent knit polyolefin fabric. The middle filler is made of 65 percent rayon and 35 percent acrylic. The bottom layer is blue and is made from a polyester knit fabric which has been coated with a polyvinyl chloride. The bed pad measures approximately 23-1/2 inches by 36 inches. As requested the sample is being returned.

The applicable subheading for the bed pad will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted, of man-made fibers. The rate of duty will be 11.5 percent ad valorem.

The bed pad falls within textile category designation 666. Based upon international trade agreements, products of Dominican Republic are subject to visa requirements.

Please note, the incontinence pad is eligible for free entry under subheading 9817.00.96, HTS, which provides for articles specifically designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other. All applicable entry requirements must be met including the filing of U.S. Department of Commerce Form ITA-362P.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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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