Reconsideration and partial revocation of New York Ruling Letter 870762; classification of a dirty diaper bag; Headquarters Ruling Letter 955660.

HQ 957046 November 29, 1994 CLA-2 CO:R:C:T 957046 ch CATEGORY: Classification TARIFF NO.: 4202.92.4500 Mr. John M. Peterson Neville, Peterson & Williams 80 Broad Street - Suite 3400 New York, New York 10004 RE: Reconsideration and partial revocation of New York Ruling Letter 870762; classification of a dirty diaper bag; Headquarters Ruling Letter 955660. Dear Mr. Peterson: In New York Ruling Letter (NYRL) 870762, dated February 6, 1992, an article described as a "dirty bag" was classified under subheading 3926.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), and a diaper changing bag was classified under subheading 4202.92.4500, HTSUS. We have had occasion to review NYRL 870762 and find that the classification of the "dirty bag" under subheading 3926.90.9090, HTSUS, was in error. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of a proposed partial revocation of NYRL 870262 was published October 26, 1994, in the Customs Bulletin, Volume 28, Number 43. FACTS: In NYRL 870762, the "dirty bag" was described as follows: The product is a clear PVC pocket, measuring approximately 7 inches by 10 inches, with no gusset. There is a zippered opening 1 1/2 inches from the top. Two snap tabs, each approximately 3 3/4 inches long, were sewn to the inside of the bag. You indicate in your letter that in the condition as imported, these snap tabs will be attached to the outer left and right top corners. The pocket is intended to be snapped inside a diaper changing bag and used as a container for soiled articles to keep them separate from clean articles inside the bag. The snaps enable the pouch to be removed from the bag and wiped clean. The dirty bag was imported both individually and as part of a larger diaper changing bag. In NYRL 870762, we classified the dirty bag, when imported separately, in subheading 3926.90.9090, HTSUS, which provides for "[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther." ISSUE: What is the proper tariff classification of the dirty bag? LAW AND ANALYSIS: In NYRL 892433, a "diaper bag" was classified in subheading 4202.92.4500, HTSUS, which provides for "[t]runks, suitcases...; traveling bags, toiletry bags, knapsacks and backpacks, handbags...and similar containers,...of sheeting of plastics: [o]ther: [w]ith outer surface of sheeting of plastic or of textile materials: [t]ravel, sports and similar bags: [o]ther." The "diaper bag" is substantially similar to the "dirty bag" described in NYRL 870762. Subsequently, you directed our attention to the disparity in tariff treatment accorded to the two articles. In Headquarters Ruling Letter (HRL) 955660, dated September 27, 1994, we affirmed NYRL 870762 and concluded that the diaper bag was akin to travel, sports and similar bags of heading 4202, HTSUS. As the articles at issue in both NYRL 870762 and NYRL 892433 are substantially similar in design and purpose, we conclude that the classification of the dirty bag in heading 3926, HTSUS, was in error. Therefore, in accordance with the analysis set forth in HRL 955660, we are partially revoking NYRL 870762 to reflect its proper classification in subheading 4202.92.4500, HTSUS. HOLDING: The dirty bag is classifiable in subheading 4202.92.4500, HTSUS. The applicable rate of duty is 20 percent ad valorem. NYRL 870762 is hereby partially revoked. In accordance with section 625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decision pursuant to section 625 does not constitute a change of practice of position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)). Sincerely, John Durant, Director Commercial Rulings Division