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

Mr Tom Mansfield
Baby Needs, Inc.
PO Drawer 2197
Burlington, NC 27216

RE: The tariff classification of TOTES DIAPER BAGS from China.

Dear Mr Mansfield:

In your letter, received at CIE New York February 18,1998, you requested a tariff classification ruling.

Four samples were received with your request.

ITEM 4200 is a MINI-TOTE BOTTLE BAG approximately 11"x9"x5" in size. The tote features an undivided PVC lined interior with two elastic bottle holders, velcro top closure and two carry straps. The outer surface is composed of printed textile fabric said to be 100 cotton.

ITEM 4102 is a MINI-TOTE approximately 5"x5"x4" in size. The tote features a PVC lined interior with side pocket and stiffeners, a top zipper closure and two carry straps. The outer surface is composed of textile fabric said to be 65 polyester and 35

cotton.

ITEM 6831 is a DIAPER BAG approximately 16"x8"x6" in size. The bag features a PVC lined interior with two elastic bottle holders and stiffener, a zipper top closure, three outside pockets and an adjustable textile shoulder strap. The bag comes with a changing pad and a clear PVC pouch. The outer surface is composed of a textile fabric said to be 52 ramie and 48 cotton.

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ITEM 85115 is a DIAPER BAG approximately 14"x12"x4" in size. The bag features a PVC lined interior with several bottle holders, a stiffener, a zipper top closure, three outside pockets, shoulder straps. The bag comes with a changing pad, two pouches (one clear PVC and one vinyl),and toy plastic keys on a ring. The outer surface is composed of a sheeting of plastic said to be vinyl.

The applicable subheading for item 4200 TOTE 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 6.8 percent ad valorem.

The applicable subheading for item 4102 TOTE will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man made fibers, other. The rate of duty will be 19 percent ad valorem.

The applicable subheading for item 6831 DIAPER BAG will be 4202.92.2000, 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, other. The rate of duty will be 6.2 percent ad valorem.

The applicable subheading for item 85115 DIAPER BAG will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), 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.

Item 4200 falls within textile category designation 369. Item 4102 falls within textile category designation 670. Item 6831 falls within textile category designation 870. Based upon international textile trade agreements, products of China in categories 369, 670 and 870 are subject to visa and quota requirements.

Your samples are being returned.

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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