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NY B89470




September 24, 1997

CLA-2-48:RR:NC:SP:234 B89470

CATEGORY: CLASSIFICATION

TARIFF NO.: 4818.50.0000; 6209.30.3040

Mr. Marc Hurlbert
Import Traders, Inc.
333 Southwestern Blvd., Suite 202
Sugar Land, TX 77478-3659

RE: The tariff classification of babies' bibs from China.

Dear Mr. Hurlbert:

In your letter dated August 26, 1997, you requested a classification ruling. Two samples were submitted and will be retained for reference.

The first item is a babies' bib made of soft, absorbent, design-printed paper with a clear plastic backing. The layer of plastic appears to be thinner than the layer of paper. The bib, which measures approximately 9" x 11", is in the shape of a round-cornered rectangle with an opening for the neck near the top. The uppermost part of the bib is shaped into two strip-like appendages which can be tied at the back of the neck.

The applicable subheading for the above-described paper/ plastic bib will be 4818.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers. The rate of duty will be 3.9%.

The second sample is also a babies' bib, roughly the same size and shape as the first item but made of plastic-coated woven textile fabric (70% polyester, 30% cotton). The lower front portion of this bib incorporates a vinyl pocket, and the top of the neck area features a snap fastener.

The applicable subheading for the plastic-coated textile fabric bib will be 6209.30.3040, HTS, which provides for other (than certain enumerated) babies' garments and clothing accessories of synthetic fibers. The rate of duty will be 16.7%.

The polyester/cotton fabric bib falls 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. If you have any questions regarding the ruling, contact National Import Specialist Carl Abramowitz at 212-466-5733.

Sincerely,

Robert B. Swierupski

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