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NY H82890

July 3, 2001

CLA-2-42:RR:NC:N3:341 H82890


TARIFF NO.: 4202.92.3031

Ms. Kelly O'neill
701 Newark Avenue, Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of diaper bag from China/France.

Dear Ms. O'neill:

In your letter dated June 25th, 2001, you requested a ruling on behalf of Premier Pack, Inc. on tariff classification.

The sample submitted with your request is identified as item #PRE-486-526, “baby bag with portable changing board”. The bag is made in China and the diaper changing pad is made in France. The item is a zippered diaper changing bag made of an exterior surface of textile material of 100% nylon. The bag contains a diaper changing board of man-made materials and a diaper changing pad made of 80% cotton and 20% polyester. When the diaper changing pad is imported separately, it is classifiable under HTS subheading 9404.90.1000, subject to quota/visa category 369. However, since the pad is made in France, it is not subject to quota/visa. When imported together and packed for retail sale, the diaper changing bag and diaper changing pad are considered at set; the bag imparts the essential character of the set.

The applicable subheading for this product will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsother, of man-made fibers. The general rate of duty will be 18.3 percent ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 369. 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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