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NY 870762

February 6, 1992

CLA-2-39:S:N:N3G:221 870762


TARIFF NO.: 3926.90.9090; 4202.92.4500

Mr. John M. Peterson
Neville, Peterson & Williams
39 Broadway
New York, NY 10006

RE: The tariff classification of a "dirty bag" from China.

Dear Mr. Peterson:

In your letter dated January 14, 1992, on behalf of Dolly, Inc., you requested a tariff classification ruling.

A sample of the product, identified as a "dirty bag," was included with your request. The product is a clear PVC pocket, measuring approximately 7 inches by 10 inches, with no gusset. There is a zippered opening 1 1/2 inches from the top. Two snap tabs, each approximately 3 3/4 inches long, were sewn to the inside of the bag. You indicate in your letter that in the condition as imported, these snap tabs will be attached to the outer left and right top corners. The pocket is intended to be snapped inside a diaper changing bag and used as a container for soiled articles to keep them separate from clean articles inside the bag. The snaps enable the pouch to be removed from the bag and wiped clean. The pocket in itself is not a travel bag, but is a component of the baby diaper bag. It is not a pouch of the kind normally carried in the pocket or handbag. You indicate that the pocket insert will be imported both separately and together with the larger diaper bag into which it fits.

The applicable subheading for the dirty bag, when imported separately, will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

When imported in the same shipment as the diaper bag, and in equal quantities, the pocket is classifiable as an entirety with the bag. You have indicated that the diaper changing bag will be manufactured of plastics. We assume that the bag will have an outer surface of plastic sheeting material.

The applicable subheading for a diaper changing bag having an outer surface of plastic sheeting material will be 4202.92.4500, HTS, which provides for travel, sports and similar bags with outer surface of plastic sheeting or of textile materials, other. The rate of duty will be 20 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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