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NY L80705




November 16, 2004

CLA-2-42:RR:NC:TA:341 L80705

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Charles Brooks
Phoenix International Freight Service, Ltd. 4659 World Parkway Circle
St. Louis, MO 63134

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

Dear Mr. Brooks:

In your letter dated November 5, 2004, on behalf of BHS, Inc., you requested a classification ruling for a diaper bag.

The sample submitted is identified as the “Enfamil Lipil® Smart Bag®”, BHS style #1658. The item is a traveling bag designed and principally used to provide storage, protection, organization and portability for clothing and personal effects as well as baby’s provisions. It is manufactured with an exterior surface of 100% man-made fiber textile materials. It measures approximately 16” x 11” x 5”. The bag is carried by means of a permanently attached adjustable shoulder strap and the top of the bag is secured by means of textile zippered closure. The exterior of the bag has a cell phone pocket, a zippered security pocket and an open storage pocket on each of the front and back sides. There is a storage pocket with drawstring and cord lock on each end panel. Although the main body of the bag does not have an inner foam lining, the front panels of each open pocket and accessory pockets have an inner lining of approximately1/16th inch foamed plastics. The sample is being returned as requested.

The applicable subheading for the diaper bag 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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