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NY L81281




January 5, 2005

CLA-2-61:RR:NC:TA:358 L81281

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6070

Jason Graham-Nye
Down to Earth Designs, Inc.
2061 NW Kearney Street
Portland, OR 97209

RE: The tariff classification of a waterproof baby pant from China

Dear Mr. Graham-Nye:

In your letter dated December 7, 2004 you requested a classification ruling.

The submitted sample, manufactured from a knitted outershell of 90% cotton/10% spandex that is lined by nylon fabric that is coated by polyurethane, resembles a diaper, fastening together by means of textile tabs similar to the VELCRO brand. Attached by means of plastic snaps that are sewn onto textile tabs at the inside of its waistband is an additional liner that is coated by polyurethane.

The applicable subheading for the submitted sample will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, knitted, of cotton, other, other, other, other. The duty rate will be 8.1 percent ad valorem.

The submitted sample falls within textile category designation 239. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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