CLA-2-42:RI:130:G25:DJP

Mr. Al Andrews
Bath Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

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

Dear Mr. Andrews:

In your letter dated December 5, 1997, you requested a tariff classification ruling.

The sample submitted with your request, Style 108115, is a travel bag suitable for carrying diapers, baby bottles and other baby accessories. The exterior is constructed from a combination of 100 cotton woven red denim, 100 cotton natural and printed woven canvas. The interior of the bag and exterior bottle compartments are lined with 100 PVC. The entire bag is padded with 100 polyester fiber fill. The bag measures 19 1/4" x 12" with 5" gussets. The exterior of the bag has eight bottle compartments, three on each side and one at each gusset. The bottle compartments are fastened with a hook and eye closure. The side bottle compartments are decorated with sewn on flower shaped buttons. The front of the bag is decorated with a canvas patch with the image of a baby and the marketing phrase "DOODY BAG." It is carried by means of double textile carrying handles. The top of the bag is secured by means of a zippered closure. The inside of the bag has one large and one small PVC pocket, each lined with 100 cotton canvas. The small pocket can be fastened with a hook and eye closure. The interior has a removable PVC section divider, a removable PVC pouch, and a PVC changing pad. The interior is designed with two elastic bands to carry additional bottles. The bag will be marketed and sold to the ultimate consumer as a travel bag suitable for carrying diapers, baby bottles and other baby accessories.

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The applicable subheading for Style 108115 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.9 .

Style 108115 falls within textile category designation 369. Based upon international textile trade agreements, products of China in category 369 are subject to visa and quota requirements.

Your sample is being returned as requested.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 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,

Richard Barrette
Service/Area Port Director
Providence, RI