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HQ 084010

June 06, 1989

CLA-2:CO:R:C:G 084010 SR


TARIFF NO.: 4202.99.00

Mr. Richard C. King
Fitch, King, and Caffentzis
116 John Street
New YOrk, N.Y. 10038

RE: Classification of a baby bag

Dear Mr. King:

This is in reference to your letter dated February 24, 1989, requesting the tariff classification of a baby bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in China was provided.


The merchandise at issue is baby diaper bags. The bags are made of 100 percent cotton that has been coated with vinyl. The bags have straps and contain various interior/exterior pockets or compartments, for containing or holding baby bottles, supplies, and accessories.


What is the classification of baby bags?


The merchandise at issue is classifiable under heading 4202, HTSUSA, which provides for traveling bags, knapsacks and backpacks, sports bags and similar containers, of leather or of
composition leather, of plastic sheeting, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials. The appropriate subheading for goods under this heading is determined by the material of the outer surface.

Because this merchandise consists of a textile fabric which is coated, covered, or laminated on one surface with a compact plastics material, it would not have an outer surface "of plastic sheeting" because that material is classifiable in Chapter 56 or 59, HTSUSA, and not in Chapter 39, HTSUSA. However, even though these samples are made from material considered a textile under Chapter 56 or 59, HTSUSA, they still have an outer surface of plastic.

The bag is not classifiable under subheading 4202.92.4500, HTSUSA, travel bags, sports bags, and similar containers of textile materials,with an outer surface of plastic sheeting or of textile materials because its outer surface not of cellular plastics. It also cannot be classified under subheading 4202.92.3020, HTSUSA, as travel, sports and similar containers of textile materials, with outer surface of textile materials, other, other of man-made fibers because the outer surface is not of textile materials.


The merchandise at issue is classifiable under subheading 4202.99.0000, HTSUSA, as traveling bags, sports bags and similar containers of textile materials, other. The rate of duty is 20 percent ad valorem.


John Durant, Director

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