United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0084288 - HQ 0084419 > HQ 0084419

Previous Ruling Next Ruling


HQ 084419


July 26, 1989

CLA-2 CO:R:C:G 084419 DSN

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Sue Meentemeier
Import/Export Manager
Duraflex Products, Inc.
254 E. Hacienda Ave.
Campbell, CA 95008

RE: Classification of diaper bags

Dear Ms. Meentemeier:

This ruling letter is in response to your inquiry of April 14, 1989, requesting tariff classification of three items under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). NYRL 839810 of May 3, 1989 classified two of the articles. This ruling letter concerns classification of diaper carrying bags. Samples produced in Korea were submitted for examination.

FACTS:

The diaper bags at issue, both labelled "Fisher-Price", are composed of 65 percent polyester and 35 percent cotton. The outside of the bags are coated with P.V.C.

One style which has vertical strips features a side pocket secured with velcro-type fasteners and another side pocket with a snap. The bag has a shoulder strap as well as a drawstring closure around the top. Inside the bag there is a baby changing pad which can be kept folded by a velcro-type closure. Also contained inside the bag is a clear vinyl case where presumably wet cloths can be kept.

The other diaper bag has a checkerboard pattern with similar features as the other bag except that it has a zipper
closure and an attached zippered pocket inside the bag. The bag has a shoulder strap as well as two smaller straps designed to be carried like a satchel. This bag has on one side a large open pocket with elastic at the edges. The other side of the bag has a smaller open pocket. This bag also contains a changing pad and a clear vinyl bag.

According to your submissions these bags are designed for carrying diapers, and also can be used for carrying baby supplies and accessories.

ISSUE:

Whether the diaper bags at issue are classified under heading 4202, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Heading 4202, HTSUSA, provides for traveling bags, toiletry bags, and similar containers of plastic sheeting, of textile materials, or wholly or mainly covered with such materials. We have determined with other articles that the appropriate subheading for goods under this heading is determined by the material of the outer surface. Since this merchandise consists of a textile fabric which is coated, covered, or laminated with plastic, we must determine its classification according to whether the plastic applied is visible to the naked eye. If the plastic is visible the merchandise will be classified as a plastic, if not, as a textile. With respect to the samples at issue, the plastic application is not visible to the naked eye. Thus, the merchandise is classified under the subheading for articles of textile materials.

We note that this merchandise would be considered a "set" in the commerce of this country, as well as for tariff purposes. However, as previously stated classification is under GRI 1.

HOLDING:

The samples at issue are classified under subheading 4202.92.3030, HTSUSA, which provides for traveling bags, toiletry
bags and similiar containers, of textile materials, or wholly or mainly covered with such materials, with outer surface of textile materials, other, of man-made fibers, other, textile category 670, and dutiable at the rate of 20 percent ad valorem.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: