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HQ 089061

August 20, 1991

CLA-2 CO:R:C:T 089061 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.1000, 9404.90.2000
6307.90.9490, 4202.92.1500

Peter J. Wang
Jefferson Trading Company
520 So. Lafayette Park Place
Suite 200
Los Angeles, CA 90057

RE: Baby car seat pad; soft baby carrier; fanny pack; classifiable headings 9404.90.1000, 9404.90.2000, 6307.90.9490, 4202.92.1500, HTSUSA

Dear Mr. Wang:

This is in reference to your letter of March 12, 1991, requesting classification of various baby products under the Harmonized Tariff Schedule of the United States (HTSUSA), to be imported from China, Hong Kong, Thailand, Korea, and Taiwan.

FACTS:

Three samples were provided for our inspection. The first, style J-30, is an infant's car seat pad, made of a shell material which you state will be in chief weight cotton, or chief weight man-made fiber material. The item as a whole is seamed and quilted so that a curved construction results, to fit the inside of a baby seat. The backing is made of spun polyester non-woven material, and the filling is 100 percent polyester wadding. An elastic edging and four fabric straps are present to secure the pad to the baby seat.

The second item is a baby carrier, style 025, of man-made fiber material. It has a bag-like construction with semi- elasticized leg openings, and a semi-rigid back intended for support of the infant. This backing is quilted and has a polyurethane insert. Two fabric straps which can be hooked around the shoulders of an adult and passed through the carrier to secure the infant in place are also partially padded with polyurethane inserts. The straps are snapped into two plastic hooks at the bottom of the carrier.

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The final item is a fanny pack which is made with printed fabric identical to that of the baby carrier above. It is approximately 10 inches in length and has a zippered closure running lengthwise. A self-fabric strap with a plastic clasp is sewn onto the pouch, so that the article may be worn around the adult's waist. The inner pouch is lined with a plastic sheet material, but you state that the item may also be manufactured with a man-made fiber fabric which has a vinyl backing.

The samples will be returned to you under separate cover, as requested.

ISSUE:

What is the appropriate classification of these articles which are designed to facilitate infant care.

LAW AND ANALYSIS:

Classification of merchandise under the tariff is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined by the terms of the heading, and any relevant section or chapter notes.

Heading 9401, HTSUSA, provides for seats, and parts thereof. An infant's car seat, as a whole, is classifiable therein, see subheading 9401.20.0010, HTSUSA; The Explanatory Notes (EN), the official interpretation of the tariff at the international level, state that the heading covers identifiable parts of chairs or other seats, such as backs, bottoms and armrests (whether or not upholstered with straw or cane, stuffed or sprung), and spiral springs assembled for seat upholstery. The EN goes on to exclude, however, "separately presented cushions...whether or not covered...(heading 94.04)" from this heading.

Heading 9404, in turn, provides for articles of bedding and similar furnishings (including cushions), which are...stuffed or internally fitted with any material. The sample at issue, which is stuffed with polyester wadding to form a thickly quilted car seat cushion, is therefore appropriately classified therein.

The baby carrier is an article of textile which is not specifically provided for under the present tariff. Heading 6307, which provides for other made up articles, is therefore appropriate for the classification of this item.

Heading 4202, which encompasses inter alia, traveling bags, toiletry bags, knapsacks and backpacks, provides for the fanny pack which is worn around the waist to carry various necessities.

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HOLDING:

For the reasons stated above, the merchandise at issue is classified as follows:

The baby car seat cover, if constructed with an outer shell material of cotton, is classified under subheading 9404.90.1000, HTSUSA, which provides for articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: of cotton, textile category 369, dutiable at the rate of 6 percent ad valorem.

If made with an outer shell of synthetic fiber material or artificial fibers, it is classified under subheading 9404.90.20000, HTSUSA, which provides for articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other, dutiable at 6 percent ad valorem. This article will be subject to quota restraints from China, Korea, or Taiwan, and subject to visa restraints from China, Hong Kong, Korea, Taiwan or Thailand.

The soft baby carrier, Style no. 025, is classified under subheading 6307.90.9490, HTSUSA, which provides for other made up articles, including dress patterns: other: other: other, other, dutiable at the rate of 7 percent ad valorem.

The fanny pack is classified under subheading 4202.92.1500, HTSUSA, which provides for traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of plastic sheeting, of textile materials, of vulcanized fiber or of paper board, or wholly or mainly covered with such materials: other: with outer surface of plastic sheeting or of textile materials: travel, sports and similar bags: with outer surface of textile materials: of vegetable fibers and not of pile or tufted construction: of cotton, textile category 369, dutiable at the rate of 7.2 percent ad valorem. This article is also subject to the quota and visa restraints mentioned above.

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The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available for inspection at your local Customs office.

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

Sincerely,

John Durant, Director
Commercial Rulings Division

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