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NY 861640


April 16, 1991

CLA-2-42:S:N:N3G:341 861640

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 9401.79.0045

Mr. John H. Qualey
Rogers & Brown Custom Brokers, Inc.
Corporate Office
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a tote bag and chair from Taiwan.

Dear Mr. Qualey:

In your letter dated March 18, 1991, on behalf of Graco Children's Products, Inc., you requested a tariff classification ruling.

You have submitted a sample of a tote bag and literature of a "Graco's Tot-Loc Chair". The bag is constructed of nylon textile materials designed solely to transport the "Tot-Loc Chair". It is unlined and measures approximately 24" x 15" x 4". The item features a nylon zippered closure at one end. The carrying handle is incorporated into the bag. The "Graco's Toc- Loc Chair" is a child's portable chair, similar to a high chair except that it attaches to the table rather than standing on the floor. It is constructed of painted steel tubing. The back and bottom are constructed of vinyl, and features crotch and safety straps with buckles. You have indicated in your request that the bag may or may not be imported with the "Tot-Loc Chair". You have also requested the proper classification in both situations.

The applicable subheading for the tote bag of nylon textile materials will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the "Tot-Loc-Chair" with tote bag of painted tubing will be 9401.79.0045, HTS, which provides for seats (other than those of heading 9402), and parts thereof, other seats, with metal frames, other, other. The duty rate will be 4 percent ad valorem.

Item 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, 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, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.

Sincerely,

Jean F. Maguire
Area Director

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