CLA-2-56:OT:RR:NC:N3:350

Ms. Debbie Mayard
Hamco, Inc.
P.O. Box 1028
Gonzales, LA 70707

RE: The tariff classification of a disposable diaper changing pad, primarily for use in public changing stations, from China.

Dear Ms. Mayard:

In your letter dated July 14, 2009, you requested a tariff classification ruling.

The instant sample consists of a diaper changing pad which measures 30" x 15" (rectangular). It consists of a layer of nonwoven fabric of unspecified textile fibers which has been laminated to a thin plastic film. The nonwoven textile portion is highly absorbent while it provides soft comfortable protection to the baby. The plastic film backing assures the infant is protected from any germs or wetness that may be present in the changing area. The sample submitted was informally weighed and was found to weigh approximately 67 grams per square meter.

The applicable subheading for the product will be 5603.92.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than filaments, … weighing more than 25 g/m² but not more than 70 g/m². The rate of duty will be Free.

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/.

We note that this product is adorned with Nickelodeon® imagery, specifically, “Dora the Explorer”. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation.

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
National Commodity Specialist Division