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September 8, 1999

CLA-2-63:RR:NC:TA:352 E86616

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 4202.92.9026

Ms. Joyce Zier
Tumi, Inc.
1001 Durham Ave.
South Plainfield, NJ 07080

RE: The tariff classification of infant carriers and a bottle carrier from Taiwan, China or Hong Kong.

Dear Ms. Zier:

In your letter dated August 26, 1999 you requested a classification ruling. The samples you submitted are being returned as requested.

Three samples accompanied your request for a ruling. The first, designated as style 0149-12, is a double bottle carrier. It measures 6.5 inches wide by 3.25 inches thick by 8.5 inches in height. The outer covering of the carrier is a textile bag made with an exterior layer of nylon woven fabric, a middle layer of 1/8 inch thick foam plastic and an inner layer of woven nylon fabric. It is characterized by a zippered closure that extends around 80% of the perimeter of the top of the carrier and provides full access to the bottles stored in the carrier. The top of the carrier features a woven nylon carrying strap as well as a sewn on nylon strap with a plastic buckle designed to facilitate the attachment of the carrier to a carriage or stroller handle or to a persons belt. Contained inside the bag is a semi-rigid polystyrene foam block with an outer dimension mimicking the textile bags dimensions. Two cylindrical side by side cavities each 2.5 inches in diameter have been punched through the polystyrene block providing a form fitting space for two baby bottles. The polystyrene holder has a top made from the same material that functions to seal the bottles inside the cavities once the bottles are placed in the carrier.

Style 0149-11,designated as a “Babysling Back”, is a carrier designed to carry a baby on a persons back. It is constructed with nylon woven fabric covering a foam padded plastic back support. It features padded adjustable shoulder straps and padded adjustable waist belt to stabilize the weight of the infant on the carriers back. This article features a protective shade that extends over the baby’s head and protects the infant from sun or inclement weather.

Style 0149-10, designated as “Babysling Front”, is a carrier designed to carry a baby on the front side of the body. It is constructed using nylon woven fabric covering a foam padded plastic support. It is characterized by a padded adjustable shoulder harness and an adjustable padded waist belt. The infant is held in the carrier with adjustable shoulder straps with plastic buckle closures.

The applicable subheading for the both baby carriers, designated as styles 0149-10 and 0149-11 will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles including dress patterns, other, other, other, other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the bottle carrier, designated as styles 0149-12 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sport bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper, other, other, with an outer surface of sheeting of plastic or of textile materials, other, other, with an outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.8 percent ad valorem.

The bottle carrier falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan, Hong Kong and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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