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NY 812433




August 9, 1995

CLA-2-42:S:N:N5:341 812433

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Mr. Paul D. Bias
Graco Children's Products, Inc.
Thousand Oaks Corporate Center
Morgan Way
Morgantown, PA 19543

RE: The tariff classification of carrying bags for a "Pack n Play" infants portable playpen from China, Taiwan and/or Thailand.

Dear Mr. Bias:

In your letter dated June 29, 1995, you requested a classification ruling.

Two samples have been submitted. You have indicated that the items will be sold with a portable playpen called a "Pack n Play".

Both samples are bags manufactured of man-made textile materials of a kind similar to a duffle type sport bag normally sold without contents. Both bags have a cut out at the top thru which the handle of the playpen will protrude. One sample has double carry handles of woven textile material. The second sample does not have carrying handles. Each bag is specially designed with a zipper closure which extends from the bottom of one end to the handle cut out at the midsection of the bags. The zipper placement permits easy removable and insertion of the playpen. The placement of the zipper closure and the playpen handle cut out indicate that the bags are specially designed for the playpen. Both items are more than loose covers for the playpen, they are designed for storage and protection during travel with the pen.

The applicable subheading for the carrying bags of man-made textile materials will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases...; traveling bags... and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements products of China and Taiwan are subject to quota and the requirement of a visa. Products of Thailand are subject to the requirement of a visa.

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. 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 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
New York Seaport

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