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NY L88494




November 14, 2005

CLA-2-42:RR:NC:TA:341 L88494

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5105 South Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated November 4, 2005, on behalf of Nine West, Inc., you requested a classification ruling for a diaper bag.

The sample submitted is identified as style brCUTIE3 “Diaper Bag”. The item is a diaper bag with changing pad designed to provide storage, protection and organization to a baby’s personal effects and accessories, such as clothing diapers, bottles, etc. It is manufactured with an exterior surface of 100% polyester man-made fiber textile material. The bag has a leather handle and trim around bottom and front flap. The changing pad is secured in a rear zippered pocket of the bag. The top of the bag is secured by means of a flap with a magnetic snap fastener. The bag is designed to be carried over the shoulder by means of an adjustable, permanently attached shoulder strap. Your sample is being returned as requested.

The applicable subheading for the diaper bag with changing pad 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. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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