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NY F87304





June 6, 2000

CLA-2-62:RR:NC:TA:358 F87304

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.20.5040

Karthi Gopal
Venus Textiles
P.O. Box 1700
Huntington Beach, CA 92647-1700

RE: The tariff classification of diapers from Egypt and India

Dear Ms. Gopal:

In your letter dated May 26, 2000 you requested a classification ruling.

Your submission consists of two different items. The first item for “PARTEX” is represented by two loose samples of a textile garment, the edges of which are finished, manufactured from woven fabric of 100% cotton, measuring 14”x18”. The surfaces of the center section, six inches in width, extending the entire length of the garment, consisting of multiple layers of woven fabric, are sewn together at their sides.

The second item for “Restoration Hardware” is represented by two banded samples, each consisting of two separate diapers, manufactured similarly to those for “PARTEX”.

Please be apprised that the label for Restoration Hardware, which does not correctly indicate the country of origin of the items, must be corrected in order to avoid a marking penalty at the time of importation of the actual shipment of merchandise.

The applicable subheading for the items will be 6209.20.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of cotton, other, other, diapers. The duty rate will be 9.5 per cent ad valorem.

The diapers fall within textile category designation 239. Based upon international textile trade agreements products of India and Egypt are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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