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NY K85119





April 27, 2004
CLA-2-42:RR:NC:TA:341 K85119

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Joseph R. Hoffacker-BTC
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a diaper bag with accessories from China.

Dear Mr. Hoffacker:

In your letter dated April 12, 2004, on behalf of Van Zeeland, Inc., you requested a classification ruling for a diaper bag with accessories.

The sample submitted is identified as “The Perfect Mom Diaper Bag”, article 30330. The item consists of a diaper bag with changing pad, bottle holder, dirty dud bag and cosmetic bag. The diaper bag is manufactured with an outer surface of 100% polyester man-made textile material. The bag features various interior/exterior pocket/compartments, textile shoulder strap and it is secured by means of a flap with hook and loop fasteners. The items are presented and sold at retail as a set. For classification purposes the diaper bag with accessories are considered to be a set. GRI-3 (b) noted. The diaper bag will impart the essential character of the set. Your sample is being returned as requested.

The applicable subheading for the diaper bag with accessories as a set will be 4202.92.3031, 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 17.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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