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NY 813873




September 12, 1995

CLA-2-42:S:N:N5:341 813873

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Matthew Silverman
Downunder Design, Inc.
61 Hubbard Street
Concord, MA 01742

RE: The tariff classification and marking of a diaper bag from China.

Dear Mr. Silverman:

In your letter dated August 15, 1995, you requested a classification ruling for a diaper bag.

The sample submitted, identified as a "Nursery In-A-Bag", is a diaper bag of nylon woven fabric with a changing mat. The item is unique in that it contains a diaper compartment, a fully zippered bottle compartment, a built-in oversize changing mat, and other compartments to contain clothes, records, cash, keys, etc. The handle/shoulder strap is made of strong nylon webbing. The instant sample is imported packaged in a cardboard box which depicts the "Go Anywhere Nursery In-A-Bag". The box is marked "Made-in-China".

Your concern is that, if the box is clearly marked "Made-in China", does the product require the country of origin marking or any other marking?

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of a foreign origin imported into the U.S. shall be marked in a conspicuous place as legible, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

An article is excepted from marking under 19 U.S.C. 1304(a)(3)(D), if the marking of a container of such article will reasonably indicate the origin of such article (generally the exception applies to sealed, unopened containers). Accordingly, the marking of a container in lieu of the article is acceptable if the article is imported in a properly marked container and Customs is satisfied that in all foreseeable circumstances the article will reach the ultimate purchaser in a properly marked container. The instant packing box is not sealed and is easily opened, therefore each article packed within must be marked as provided above to indicate to the ultimate purchaser the country of origin.

The applicable subheading for the diaper bag of nylon woven fabric 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 19.8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the closable bag with the same color art work instead of the box. Your request for a classification ruling should include an actual sample of the item as being imported.

Items classifiable under 4202.92.3030 fall within textile category designation 670. 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 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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