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January 29, 1999

CLA-2-61:RR:NC:TA:354 D86713

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.19.1000; 6108.29.1000

Ms. Susan A. Schreter
Caring Products International, Inc.
Suite 200
200 First Avenue West
Seattle, Washington 98119

RE: The tariff classification of toddler training pants from China.

Dear Ms. Schreter:

In your letter dated December 11, 1999, you requested a classification ruling.

The provided sample is a training pant for toddlers with an outershell constructed of a knitted 70% silk 30% cotton fabric in a printed star pattern. A sewn-in woven polyester crotch channel allows the insertion of a reusable cotton pad or a disposable pad. The training pant also features a one inch wide elasticized waistband with “Booster Kid” printed at equal intervals on the outer surface. The underpant will be available for both boys and girls in sizes small, medium and large. Style numbers include BS10, BM10 and BL10 for boys and GS10, GM10, and GL10 for girls. The applicable subheading for the styles BS10, BM10, and BL10 will be 6107.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: underpants and briefs: of other textile materials containing 70 percent or more by weight of silk or silk waste. The duty rate will be 3.4% percent ad valorem.

The applicable subheading for the styles GS10, GM10, and GL10 will be 6108.29.1000, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of other textile materials: containing 70 percent or more of weight of silk or silk waste. The duty rate will be 8.1 percent ad valorem.

All styles fall within textile category designation 752. Based upon international textile trade agreements products of China are currently subject 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 Brian Burtnik at 212-466-5880.

Sincerely,

Robert B. Swierupski
Director,

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