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NY N006721





March 6, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.90.9000; 6111.30.5070

Ms. Jennifer Labit
Cotton Babies
5167 Lemay Ferry Road
St. Louis, MO 63129

RE: The tariff classification of infant’s diapers from China or Egypt.

Dear Ms. Labit:

In your letter dated January 11, 2007, you requested a classification ruling.

You have submitted six samples. Hemp Babies, Little Weeds is a knit diaper insert constructed of 55% hemp, 45% cotton knit fabric.

Diaper Doublers is a knit diaper insert constructed of 80% polyester, 20% nylon fabric.

One Size Insert is a knit diaper insert constructed of 80% polyester, 20% nylon fabric.

All In One Diaper is a babies diaper with the outer shell constructed of 100% polyester knit fabric. The inner shell is constructed of a woven material. The diaper features elasticized leg openings. The back has a partially elasticized waist and two hook and loop tabs that fasten at the front of the diaper onto a hook and loop strip. The inside soaker is constructed of knit 80% polyester, 20% nylon fabric. The essential character is imparted by the polyester knit soaker.

The Bum Genius is a babies diaper with the outer shell constructed of 100% polyester knit fabric. The inner shell is constructed of a woven material. The diaper features elasticized leg openings. The back has a partially elasticized waist and two hook and loop tabs that fasten at the front of the diaper onto a hook and loop strip. The removal inside soaker is constructed of a knit 80% polyester, 20% nylon fabric. The essential character is imparted by the polyester knit soaker.

Bamboo Fitted Diaper is a babies diaper with an outer shell constructed of 80% bamboo and 20% polyester knit fabric. The diaper features elasticized leg openings. The back has a partially elasticized waist and two hook and loop tabs that fasten at the front of the diaper onto a hook and loop strip. The inside soaker is constructed of a knit 80% polyester, 20% nylon fabric. The essential character is imparted by the polyester knit soaker.

The applicable subheading for Hemp Babies, Little Weeds will be 6111.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of other textile materials: other. The duty rate will be 5.6 percent ad valorem.

The applicable subheading for Diaper Doublers and insert, All in One Diaper, Bum Genius and Bamboo Fitted Diaper will be 6111.30.5070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted: of synthetic fibers: other, other: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Hemp Babies, Little Weeds falls within textile category 839. All other styles fall within textile category 239. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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