HQ 084010: Classification of a baby bag

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084010

                                    June 06, 1989



          CLA-2:CO:R:C:G  084010  SR

          CATEGORY:  Classification

          TARIFF NO.:  4202.99.00

          Mr. Richard C. King
          Fitch, King, and Caffentzis
          116 John Street
          New YOrk, N.Y. 10038

          RE:  Classification of a baby bag

          Dear Mr. King:

               This is in reference to your letter dated February 24, 1989,
          requesting the tariff classification of a baby bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in China was provided.

          FACTS:

               The merchandise at issue is baby diaper bags.  The bags are
          made of 100 percent cotton that has been coated with vinyl.  The
          bags have straps and contain various interior/exterior pockets or
          compartments, for containing or holding baby bottles, supplies,
          and accessories.

          ISSUE:

               What is the classification of baby bags?

          LAW AND ANALYSIS:


               The merchandise at issue is classifiable under heading 4202,
          HTSUSA, which provides for traveling bags, knapsacks and
          backpacks, sports bags and similar containers, of leather or of
















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          composition leather, of plastic sheeting, of textile materials,
          of vulcanized fiber or of paperboard, or wholly or mainly covered
          with such materials.  The appropriate subheading for goods under
          this heading is determined by the material of the outer surface.

               Because this merchandise consists of a textile fabric which
          is coated, covered, or laminated on one surface with a compact
          plastics material, it would not have an outer surface "of plastic
          sheeting" because that material is classifiable in Chapter 56 or
          59, HTSUSA, and not in Chapter 39, HTSUSA.  However, even though
          these samples are made from material considered a textile under
          Chapter 56 or 59, HTSUSA, they still have an outer surface of
          plastic.

               The bag is not classifiable under subheading 4202.92.4500,
          HTSUSA, travel bags, sports bags, and similar containers of
          textile materials,with an outer surface of plastic sheeting or of
          textile materials because its outer surface not of cellular
          plastics.  It also cannot be classified under subheading
          4202.92.3020, HTSUSA, as travel, sports and similar containers of
          textile materials, with outer surface of textile materials,
          other, other of man-made fibers because the outer surface is not
          of textile materials.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          4202.99.0000, HTSUSA, as traveling bags, sports bags and similar
          containers of textile materials, other.  The rate of duty is 20
          percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division


























          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference