CLA-2 CO:R:C:G 084419 DSN
Ms. Sue Meentemeier
Import/Export Manager
Duraflex Products, Inc.
254 E. Hacienda Ave.
Campbell, CA 95008
RE: Classification of diaper bags
Dear Ms. Meentemeier:
This ruling letter is in response to your inquiry of April
14, 1989, requesting tariff classification of three items under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). NYRL 839810 of May 3, 1989 classified two of the
articles. This ruling letter concerns classification of diaper
carrying bags. Samples produced in Korea were submitted for
examination.
FACTS:
The diaper bags at issue, both labelled "Fisher-Price", are
composed of 65 percent polyester and 35 percent cotton. The
outside of the bags are coated with P.V.C.
One style which has vertical strips features a side pocket
secured with velcro-type fasteners and another side pocket with a
snap. The bag has a shoulder strap as well as a drawstring
closure around the top. Inside the bag there is a baby changing
pad which can be kept folded by a velcro-type closure. Also
contained inside the bag is a clear vinyl case where presumably
wet cloths can be kept.
The other diaper bag has a checkerboard pattern with
similar features as the other bag except that it has a zipper
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closure and an attached zippered pocket inside the bag. The bag
has a shoulder strap as well as two smaller straps designed to be
carried like a satchel. This bag has on one side a large open
pocket with elastic at the edges. The other side of the bag has
a smaller open pocket. This bag also contains a changing pad and
a clear vinyl bag.
According to your submissions these bags are designed for
carrying diapers, and also can be used for carrying baby supplies
and accessories.
ISSUE:
Whether the diaper bags at issue are classified under
heading 4202, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.
Heading 4202, HTSUSA, provides for traveling bags, toiletry
bags, and similar containers of plastic sheeting, of textile
materials, or wholly or mainly covered with such materials. We
have determined with other articles that the appropriate
subheading for goods under this heading is determined by the
material of the outer surface. Since this merchandise consists
of a textile fabric which is coated, covered, or laminated with
plastic, we must determine its classification according to
whether the plastic applied is visible to the naked eye. If the
plastic is visible the merchandise will be classified as a
plastic, if not, as a textile. With respect to the samples at
issue, the plastic application is not visible to the naked eye.
Thus, the merchandise is classified under the subheading for
articles of textile materials.
We note that this merchandise would be considered a "set"
in the commerce of this country, as well as for tariff purposes.
However, as previously stated classification is under GRI 1.
HOLDING:
The samples at issue are classified under subheading
4202.92.3030, HTSUSA, which provides for traveling bags, toiletry
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bags and similiar containers, of textile materials, or wholly or
mainly covered with such materials, with outer surface of textile
materials, other, of man-made fibers, other, textile category
670, and dutiable at the rate of 20 percent ad valorem.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division