CLA-2-39:S:N:N3G:221 870762
Mr. John M. Peterson
Neville, Peterson & Williams
39 Broadway
New York, NY 10006
RE: The tariff classification of a "dirty bag" from China.
Dear Mr. Peterson:
In your letter dated January 14, 1992, on behalf of Dolly,
Inc., you requested a tariff classification ruling.
A sample of the product, identified as a "dirty bag," was
included with your request. The product is a clear PVC pocket,
measuring approximately 7 inches by 10 inches, with no gusset.
There is a zippered opening 1 1/2 inches from the top. Two snap
tabs, each approximately 3 3/4 inches long, were sewn to the
inside of the bag. You indicate in your letter that in the
condition as imported, these snap tabs will be attached to the
outer left and right top corners. The pocket is intended to be
snapped inside a diaper changing bag and used as a container for
soiled articles to keep them separate from clean articles inside
the bag. The snaps enable the pouch to be removed from the bag
and wiped clean. The pocket in itself is not a travel bag, but
is a component of the baby diaper bag. It is not a pouch of the
kind normally carried in the pocket or handbag. You indicate
that the pocket insert will be imported both separately and
together with the larger diaper bag into which it fits.
The applicable subheading for the dirty bag, when imported
separately, will be 3926.90.9090, Harmonized Tariff Schedule of
the United States (HTS), which provides for other articles of
plastics, other. The rate of duty will be 5.3 percent ad
valorem.
When imported in the same shipment as the diaper bag, and in
equal quantities, the pocket is classifiable as an entirety with
the bag. You have indicated that the diaper changing bag will be
manufactured of plastics. We assume that the bag will have an
outer surface of plastic sheeting material.
The applicable subheading for a diaper changing bag having
an outer surface of plastic sheeting material will be
4202.92.4500, HTS, which provides for travel, sports and similar
bags with outer surface of plastic sheeting or of textile
materials, other. The rate of duty will be 20 percent ad
valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport