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NY K83428





February 26, 2004
CLA-2-62:RR:NC:TA:358 K83428

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040

Samuel N. McClure
Central Carolina Shipping, Inc.
P.O. Box 19234
Charlotte, NC 28219

RE: The tariff classification of a swim diaper for infants’ wear from China

Dear Mr. McCluire:

In your letter dated February 5, 2004, written on behalf of I-Play, you requested a classification ruling.

Submitted style 212, manufactured from a woven outershell of 100% polyester, coated by polyurethane, is a pair of panties into the fully elasticized waistband and leg openings of which a terry lining is sewn.

The applicable subheading for this style will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments, of synthetic fibers, other, other, other. The duty rate will be 16 percent ad valorem.

The garment falls within textile category designation 239. Based upon international textile trade agreements this product of China is not presently subject to quota nor 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 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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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