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NY A82385




May 10, 1996

CLA-2-61:RR:NC:WA:354 A82385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 9817.00.96

Mr. Mark A. Spitz
Intellitecs International, Ltd.
P.O. Box 371805
Cincinnati, OH 45222-1805

RE: The tariff classification of reusable women's incontinent briefs from the Dominican Republic.

Dear Mr. Spitz:

In your letter dated April 11, 1996, you requested a classification ruling.

The submitted sample is a pair of knit 50% cotton 50% polyester full cut briefs. The product style numbers are 75995330013, 75995330020 & 75995330057 for size medium, large and X-large respectively. The briefs have a large hour-glass shaped sewn-in crotch panel which is 8" X 6" at longest and widest points. This four-ply panel consists of a 50% cotton 50% polyester top layer quilted to a non-woven polyester fabric. Beneath that is a barrier layer of 100% polyurethane laminated to tricot. The bottom (outer layer) fabric is the same as the rest of the garment. The garment is intended for use with a disposable pad. The briefs have elasticized leg openings and an exposed elasticized waist.

The applicable subheading for the brief will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' . . . briefs, panties . . . and similar articles, knitted or crocheted: briefs and panties: of man-made fibers, women's. The duty rate will be 16.4 percent ad valorem.

The briefs falls within textile category designation 652. Based upon international textile trade agreements products of the Dominican Republic are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

The incontinent briefs described above are eligible for duty free treatment under the provision for articles specially designed or adapted for use or benefit of the blind or other physically or mentally handicapped persons . . . other, in subheading 9817.00.98, HTS. All applicable requirement must be met including the filing of Form ITA-362P

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Sincerely,

Roger J. Silvestri
Director

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