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NY I89050




December 31, 2002

CLA-2-62:RR:NC:3:353 I89050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510, 9817.00.96

Lawrence R. Pilon
Hodes, Keating & Pilon
39 South LaSalle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of an adult bib from Pakistan.

Dear Mr. Pilon:

In your letter dated December 5, 2002, on behalf of Medline Industries, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is an Adult Bib composed of woven 100% cotton terry cloth fabric. The bib measures approximately 18” x 28”. The Adult Bib is designed to cover the front torso and has a hook and loop fastener at the back of the neck. The Adult Bib will be used by, and marketed to, patients in nursing homes.

The applicable subheading for the Adult Bib will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of cotton.” The duty rate will be 14.7% ad valorem in 2003.

The Adult Bib falls within textile category designation 359. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

This office assumes that the only significant purpose of the adult bib is to keep food and drink from soiling patient’s clothing. U.S. Customs has previously decided that reusable adult bibs are presumed to be used primarily by those whose condition is chronic, not temporary.

On that basis, a secondary classification may apply for this item in HTS 9817.00.96, as “Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped personsOther”, free of duty. All applicable entry requirements must be met, including the filing with Customs at the port of entry of the U.S. Department of Commerce form ITA-362P.

Please note that while the Adult Bib may not subject to the assessment of duty, this does not remove it from quota/visa requirements.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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