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NY 893069




January 3, 1994

CLA-2-62:S:N:N3:119 893069

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081; 9817.00.96

Mr. Lawrence R. Pilon
Hodes & Pilon
33 North Dearborn Street - Suite 2204
Chicago, IL 60602-3109

RE: The tariff classification of Adult Incontinence Briefs from China, Korea and Taiwan

Dear Mr. Pilon:

In your letter dated December 8, 1993 you requested a tariff classification ruling on behalf of Medline Industries, Inc., Mundelein, IL. The articles to be imported are adult incontinence diapers. Two samples have been submitted.

One sample is 31 inches long by 23 inches wide, is elasticized at one end, has multiple snaps for adjustable closure and weighs 7.2 ounces. The other sample is 35 inches long by 29 inches wide and weighs 9.8 ounces. It is used with safety pins.

Both samples are constructed with two layers of absorbent 100 percent cotton birdseye woven fabric sewn all around. There is a large impermeable barrier of a butyl rubber laminated fabric material applied to the center. Betweem the cotton fabric and the barrier is a thick layer of polyester-based synthetic nonwoven soaker material.

The applicable subheading for the adult incontinence diapers will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments... of cotton... other. The duty rate will be 8.6 percent.

The merchandise falls within textile category designation 359. As a product of China, Korea or Taiwan this merchandise may be subject to visa requirements or quota restrictions 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.

Incontinence can be a temporary or chronic ailment. The two samples described in this letter appear to be designed for use by adults suffering from severe and chronic incontinence. Such adult diapers would be eligible for free entry under subheading 9817.00.96, HTS, which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons... other.

Your inquiry does not provide enough information for us to give a classification ruling on the two diapers that do not contain soaker material. Your request for a classification ruling should include a sample of each style.

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.

The samples are being returned as requested.

Sincerely,

Jean F. Maguire
Area Director

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