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NY B84643




May 15, 1997

CLA-2-63:RR:NC:TA:349 B84643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000; 6304.93.0000; 8516.79.0000

Ms. Donna Van Den Broeke
Kamino International Transport, Inc.
514 Eccles Avenue
South San Francisco, California 94080

RE: The tariff classification of a changing pad and a wipe warmer from China.

Dear Ms. Van Den Broeke:

In your letter dated April 14, 1997 you requested a classification ruling.

You submitted a sample of a "Changing Pad" and a "Wipe Warmer". The "Changing Pad" measures 13 x 30-1/2 inches. The top portion is made from a cotton/polyester woven flannel fabric with a vinyl backing. The edges are finished with a green strip of woven fabric. This pad does not contain a filler.

The "Wipe Warmer" is comprised of a heating pad with a cover. The cover is made from a cotton/polyester woven flannel fabric. It measures approximately 3 x 27 inches. This item is designed to wrap around a container of baby wipes. It is secured to the container by means of hook and loop tapes.

The applicable subheading for the "Changing Pad" if in chief weight cotton will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for the "Changing Pad" if in chief weight polyester will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of man-made fibers. The duty rate will be 10.2 percent ad valorem.

The applicable subheading for the "Wipe Warmer" will be 8516.79.0000, HTS, which provides for other electrothermic appliances: other. The duty rate will be 3.7 percent ad valorem.

The "Changing Pad" of chief weight cotton falls within textile category designation 369 and of chief weight polyester 666. 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. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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