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NY C86416




April 20, 1998

CLA-2-61:RR:NC:TA:N3:358 C86416

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.92.0090, 6209.30.1000

Mr. Wick Campbell
C.H. Powell Company
770 Atlanta South Parkway
College Park, GA 30349

RE: The tariff classification of a spun lace baby diaper shirt and receiving blanket set from China

Dear Mr. Campbell:

In your letter dated April 2, 1998, on behalf of your client Global Healthcare, you requested a classification ruling.

The spun lace nonwoven polyester disposable baby shirt has a tape closure in the rear. The shirt also has rough cut scallop at the neck, arm holes and bottom, without hems. The three shirt panels are attached vertically by means of surged seams.

The spun lace nonwoven polyester disposable receiving baby blanket is rough cut on all sides. The blanket measures 32 inches wide and 40 3/4 inches long and has no hems or seams. The item weighs approximately 45 grams per square meter (g/m2).

The shirt and receiving blanket will be sold as a set to hospitals to be used in hospital nurseries for newborn baby care.

The applicable subheading for the disposable baby shirt, will be 6209.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of synthetic fibers, blouses and shirts. The duty rate will be 26 percent ad valorem.

The applicable subheading for the disposable receiving blanket, will be 5603.92.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered, or laminated, of other than filaments, weighing more than 25 g/m2 but not more than 70 g/m2. The duty rate will be 2.5 percent ad valorem.

The disposable baby shirt falls within textile category designation 239. The disposable receiving blanket falls within textile category designation 23. Based upon international textile trade agreements products of China are presently subject to quota restraints and visa requirements.

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. Since 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 Section 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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski
Director

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