HQ 084419: Classification of diaper bags

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 084419

                                        July 26, 1989


          CLA-2 CO:R:C:G  084419 DSN

          CATEGORY:  Classification

          TARIFF NO.:  4202.92.3030

          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