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NY A86147




AUGUST 23, 1996

CLA-2-PD:TC:MEF G 28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6040; 6209.30.3040

Mr. Joseph P. Cox
Stein Shostak Shostak & O'Hara
515 S. Figueroa Street
Los Angeles, California 90071-3329

RE: The tariff classification of Babies' Garments from China

Dear Mr. Cox:

In your letter dated August 1, 1996, you requested tariff classification rulings on four items of babies' wearing apparel described below:

1. Lightweight Diaper Cover (Waterproof)
This diaperap is made from 60% cotton/40% polyester knit fabric laminated to polyurethane. A wide velcro band is used to fasten the front waistband of the garment. Leak-proof leg gussets are sewn into the leg openings.

2. Diaper Protector
This diaper cover is 60% cotton/40% polyester knit fabric laminated to polyurethane. This item features a patented velcro closure system, and leg gussets to prevent leakage.

3. Training Pant
This garment has a 60% cotton/40% polyester knit fabric shell with a polyurethane backing and a knit cotton
lining. An absorbent polyester/rayon panel has been inserted between the lining and the outer shell. The essential component of this item is the non-woven rayon/polyester fill.

4. Swim Diaper
The swim diaper has a knit polyester fabric shell with a 60% cotton/40% polyester knit lining laminated to polyurethane. Elastic has been sewn into the leg openings and waistband.

The applicable subheading for the Lightweight Diaper Cover, the Diaper Protector, and the Swim Diaper will be 6111.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of cotton: Other: Other: Other: Other. The rate of duty will be 8.5%.

The applicable subheading for the Training Pant will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories: Of synthetic fibers: Other: Other: Other. The rate of duty will be 16.8%.

All four items fall within textile category designation 239. Based upon international textile trade agreements, products of China 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.

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.

Sincerely,

Carole E. Graves

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