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NY G80586




September 11, 2000

CLA-2-62:RR:NC:3:353 G80586

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0081, 4015.19.1010, 6307.90.9989

Mr. William Ng
Sunnywood, Inc.
181 Pembroke Dr.
Lake Forest, IL 60069

RE: The tariff classification of an apron from China.

Dear Mr. Ng:

In your letter dated August 8, 2000 you requested a classification ruling.

The submitted sample is an apron with a latex nipple attachment, identified as Daddy’s Doodie. The garment is marketed for men and is composed of woven 100% cotton fabric. The apron has a textile neck strap, two self-ties at the waist, two front pockets and covers the front torso. There are several removable items attached to the pockets by means of plastic spring hinged closes pins, they are, one pair of seamless disposable latex gloves, one non-woven fabric polyester mouth mask and one disposable diaper.

The applicable subheading for the apron will be 6211.32.0081 Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of cotton, Other.” The duty rate will be 8.3% ad valorem.

The applicable subheading for the disposable latex gloves will be 4015.19.1010 Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel And clothing accessories (including gloves for all purposes, of vulcanized rubber other than hard rubber.” The duty rate will be 14% ad valorem.

The applicable subheading for the disposable face mask will be 6307.90.9989 Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles, including dress patterns: Other: Other: Other, Other: Other.” The duty rate will be 7% ad valorem.

The apron falls within textile category designation 359. 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 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.

Your inquiry does not provide enough information for us to give a classification ruling on the spring type clothes pins and the disposable diaper. Your request for a classification ruling on the spring type clothes pins should include the value per gross. Your request for a classification ruling on the disposable diapers should include 1- Component breakdown by weight and value. 2- If absorbency is imparted by more than one component, give breakdown indicating relative absorbent capacity of each. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. For classification on the spring type clothes pins please direct you letter and information to NIS 113, Jim Smyth and for the disposable diaper NIS 234, Carl Abramowitz.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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