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NY J83528




April 30, 2003

CLA-2-62:RR:NC:3:353 J83528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.7000, 6210.10.9040

Mr. John P. Liu
John Phillip Liu Customs Broker
11222 La Cienega Blvd., Suite #328
Inglewood, CA 90304

RE: The tariff classification of disposable wearing apparel from China.

Dear Mr. Liu:

In your letter dated March 3, 2003, on behalf of The Systems Group Inc., you requested a classification ruling.

The submitted samples are disposable bras, panties, men’s boxer shorts and ladies sarong made of 100% polypropylene non-woven textile fabric. Styles SPA25 and SPA21 disposable bra, one having a self tie closure at the back and the second having two plastic straps. Style SPA11 are ladies panties with elastic around the leg and waist. SPA54 are men’s boxer shorts having an elastic waistband. SPA32 is a sarong with elastic at the back of the waist and a hook and loop tape closure at the front.

The above items are made of a polypropylene non- woven textile material and are not paper or formed on base paper, therefore the items will be classified in Chapter 62, Heading 6210.10 HTS.

Disposable briefs and panties are eonomine provided for in 6210.10.7000.

The applicable subheading for the disposable bras, styles SPA25 and SPA21, boxer shorts, style SPA54 and the sarong, style SPA32 will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other, Other.” The duty rate will be 16.1% ad valorem.

The applicable subheading for the panties, style SPA11 will be 6210.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Disposable briefs and panties designed for one-time use.” The duty rate will be 9.4% ad valorem.

Styles SPA25, SPA21, SPA54, SPA32 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. There is no quota and visa requirements on merchandise style SPA11.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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