The tariff classification of diaper bags from China

N106096 June 16, 2010 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.92.4500 Benjamin M. Bidwell C.H. Robinson Worldwide, Inc. 1250 W. Artesia Blvd. Compton, CA 90220 RE: The tariff classification of diaper bags from China Dear Mr. Bidwell: In your letter dated May 10, 2010, you requested a tariff classification ruling on behalf of your client, Go 2 Company, Inc. Your samples will be returned to you. The sample you refer to as “Theory Bag” is a diaper bag with a removable diaper changing pad, a phone case, a wristlet and two stroller grips. The diaper bag, changing pad, phone case and wristlet are constructed of a textile material coated on the outer surface with plastic sheeting material. The bag is designed to provide storage, protection, portability, and organization to diapers and related accessories during travel. The interior is textile-lined with two open pockets on one sidewall. The opposite sidewall has two open pockets with an overlapping zippered pocket. The bag has an open top with a magnetic closure and double shoulder straps. The front exterior has two zippered pockets. The back exterior has a zippered pocket along the width of the bag. It measures approximately 18” (W) across the bottom x 12.5” (H) x 6” (D). The diaper bag and accessories are considered a set for tariff purposes. The diaper bag imparts the essential character of the set. General Rule of Interpretation (GRI) 3b, noted. The sample you refer to as the “Logic Bag” is a sling-like diaper bag with a removable diaper changing pad and a removable insulated bottle bag. The diaper bag, changing pad and bottle bag are constructed of man-made textile material. The bag is designed to provide storage, protection, portability, and organization to clothing, disposable diapers, and other personal effects during travel. The largest compartment is textile lined. It secures with a hook-and-loop closure. The remaining compartments have either zippered or hook-and loop-closures and are designed to hold a cell phone, a pacifier, credit cards or a wallet. The bag secures around the body by means of a plastic buckle. It measures approximately 24” (L) x 6” (W) x 4” (D). The diaper bag and accessories are considered to be a set for tariff purposes. The diaper bag imparts the essential character of the set. General Rule of Interpretation (GRI) 3b, noted. The sample you refer to as “Mode Tote Bag” is a diaper bag with a removable diaper changing pad, and two stroller grips. The diaper bag and changing pad are constructed of polyester textile material coated on the outer surface with plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to diapers and related accessories during travel. The interior of the bag is textile-lined with two open pockets on one sidewall. The opposite sidewall has two open pockets with two overlapping mesh pockets. The bag has a zipper closure at the top, two carrying handles, and a removable, adjustable shoulder strap. The front exterior of the bag has an open compartment with two overlapping zippered pockets. The back exterior has an open compartment with a magnetic closure along the width of the bag. It measures approximately 13” (W) x 12.5” (H) x 5” (D). The diaper bag and accessories are considered to be a set for tariff purposes. The diaper bag imparts the essential character of the set. General Rule of Interpretation (GRI) 3b, noted. The applicable subheading for styles “Theory” and “Mode” will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20% ad valorem. The applicable subheading for style “Logic” will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division