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NY N003603




November 29, 2006

CLA-2-58:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5811.00.3000

Ms. Kathleen T. Maloney
Team Customs Brokerage
1451 Elm Hill Pike, Suite 263
Nashville, TN 37210

RE: The tariff classification of a quilted material, for use in the manufacture of adult diapers in hospital settings, from China.

Dear Ms. Maloney:

In your letter which was undated, on behalf of Value Med Textiles, Shorewood, MN, you requested a classification ruling.

The instant sample consists of a quilted fabric, which is composed of three distinct layers. It consists of a top or face layer of knit construction, a middle or soaker layer of nonwoven construction and a back layer of knit construction. The back layer has been quilted to the middle or soaker layer with a diamond pattern stitching. The top layer has been bonded to the middle layer via a polyurethane plastics film. During a recent telephone conversation with this office, you provided the following technical specifications for this material:

Face layer: 100% polyester (3 oz/yd²)
Middle layer: 70% polyester/30% rayon (8 oz/yd²) Bottom layer: 100% polyester (3 oz/yd²)

The applicable subheading for the product will be 5811.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for quilted textile products in the piece, of man-made fibers. The rate of duty will be 8 percent ad valorem.

This merchandise falls within textile category 229 and, as such, is currently subject to quota and the requirement of a visa, being a product of China. Please note that with the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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