CLA-2-42:RR:NC:N3:341 G89878
Mr. John Peterson
Neville, Peterson & Williams
80 Broad Street-34th Floor
New York, NY 10004
RE: The tariff classification of "Baby Diaper Bag" from China.
Dear Mr. Peterson:
In your letter dated April 6th, 2001, you requested a ruling on behalf of Dolly Inc. on tariff classification.
The sample submitted is identified as style 9132. Although you refer to the item as an insulated bottle bag, it is in the class or kind of traveling bag commonly known as a “Diaper Bag.”
Style 9132 measures approximately 11 1/2” high by 9 1/2” wide and has a 6” gusset. It is a flat bottom bag with bottom stiffener. The bag has a three-layer construction consisting of an outer surface of un-backed compact plastic sheeting, a middle layer of foamed plastics approximately 1/8 inch thick, and an inner layer of compact plastic sheeting. The bag has a top upper closure, which does not completely close the top. It has a detachable accessory pouch affixed to the front by means of a zipper. The pouch is constructed in the same manner as the bag and has two elastic straps sewn to the rear interior. The exterior is printed with trademarked Winnie the Pooh characters. The interior of item 9132 has one large storage compartment in which two elastic loops are sewn. The loops are intended to hold baby bottles.
Item 9132 is a generic baby bag which is primarily designed to contain a baby’s clothing and personal accessories, as well as two bottles during travel. It is chiefly used to provide storage, protection, organization and portability for the baby’s clothing and personal accessories. It is not chiefly used as a cooler, which is primarily for the preservation of food or beverages at a desired temperature for a specified period of time.
The applicable subheading for this product will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The general rate of duty will be 20 percent ad valorem.
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 Kevin Gorman at 212-637-7091.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division