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NY N019066




November 16, 2007

CLA-2-94:OT:RR:NC:N3:349

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000; 6307.90.9889; 4202.92.4500; 4202.92.9026; 4911.99.8000

Maya Kessler
Eddie Bauer
10401 NE 8th Street, Ste 500
Bellevue, Washington 98004

RE: The tariff classification of an infant changing pad, toiletry bags, bottle bag, web clip and contact card from China

Dear Ms. Kessler:

In your letter dated October 23, 2007 you requested a classification ruling.

The instant sample, identified as a baby conversion kit item #023-1439, consist of an infant changing pad, two toiletry bags, a bottle bag, web clip and contact card. The outer layer of the changing side of the changing pad is made from made from polyethylene vinyl acetate sheeting which you refer to as PEVA fabric. The outer shell of the back portion of the changing pad is made from nylon woven fabric. It is stuffed with a layer of plastic foam and a fabric layer. One end of the folding pad features pockets for wipes and diapers.

The two items referred to as “pouches” are toiletry bags constructed of plastic sheeting material. Each bag features one storage compartment and a top zippered opening. They are designed to provide storage, protection, portability and organization to toiletries and other small personal effects during travel.

The item that you refer to as a “bottle holder” is a bottle bag designed to provide storage, protection, portability, and organization to its contents. It is constructed with an outer surface of man-made textile material.

The web clip is made from an approximately 3/4 inch wide web fabric strap. It features a metal snap and a plastic clip attached to one end. The printed emergency contact card is made from paper.

Although imported together as a kit it does not meet the qualifications of “goods put up in sets for retail sale.” The components of the kit are not put up together to meet a particular need or carry out a specific activity. Each item in the kit will be classified separately.

The applicable subheading for the changing pad will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent ad valorem. 

The applicable subheading for the toiletry bags will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the bottle bag will be 4202.92.9026, HTSUS, which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

The applicable subheading for the web clip will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the contact card will be 4911.99.8000, HTSUS, which provides for other (than certain enumerated) printed matter. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

  Subheading 4202.92.9026 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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