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NY B87272




August 6, 1997

CLA-2-61:RR:NC:353:5 B87272

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Mr. Louis J. De Marco
(CIX) Carnisco Int'l. Xpress
65 Roosevelt Ave.
Valley Stream, NY 11581

RE: The tariff classification of an Adult Diaper from China.

Dear Mr. DeMarco:

In your letter dated July 7, 1997 you requested a tariff classification ruling.

The submitted sample Style #"Elite Brief" is a Adult Diaper consisting of an outer portion of knitted polyester fabric with a vinyl coated shell(barrier), and lined with 70% polyester 30% rayon fabric. The Adult Diaper is designed to be re-usable and sold to hospitals, nursing care facilities, intermediate care facilities, chronic care facilities and geriatric care facilities.

The applicable subheading for the Adult Diaper, Style #Elite Brief" will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted : Of man-made fibers: Other, Other: Women's or girls'. The rate of duty will be 15.7% ad valorem.

The Adult Diaper, Style #Elite Brief" is eligible for free entry under the provision for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons...other, in subheading 9817.00.96, HTS. All applicable entry requirements 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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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