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NY E88754

October 28, 1999



TARIFF NO.: 4202.92.3031

Ms. Marsha L. Dawson
Graco Children's Products Inc.
P.O. Box 100
Elverson, PA 19520

RE: The tariff classification of diaper bags from China.

Dear Ms. Dawson:

In your letter dated October 8th, 1999, you requested a classification ruling for diaper bags from China.

The samples submitted with your request, no style numbers included, are commonly known as "diaper bags" or "baby bags". Each is primarily designed to carry personal effects and clothing during travel. One bag has an exterior surface of textile material comprised of 65% polyester and 35% cotton that measures approximately 13" in height by 16" in width by a 5" gusset. The remaining two samples have an exterior surface of textile material of man-made fibers that measure approximately 12" in length by15 1/2" in width by a 5 1/4" gusset. Each bag has shoulder straps, a top full-width zippered closure an elasticized pocket on each side of the bag that is designed to hold a baby bottle. The interior of each bag contains a removable, foldable changing mat, a plastic covered piece of paperboard, and a clear plastic pouch that is permanently affixed to the interior of the bag by means of a strip sewn into the side interior of the bag.

The applicable subheading for the diaper bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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