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NY 862339


April 29, 1991

CLA-2-42:S:N:N3G:341 862339

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. Greg J. Grasher
Border Brokerage Company, Inc.
P.O. Box B
Blaine, WA 98230

RE: The tariff classification of 100% cotton shopping bags from China.

Dear Mr. Grasher:

In your letter dated March 6, 1991, on behalf of Carry-All Enterprises Ltd., you requested a tariff classification ruling.

You have submitted two samples of 100% cotton open top shopping bags with double self fabric handles. The bags are unlined and measures approximately 14" x 14" x 5". It appears the items are environmentally safe alternatives to the usual plastic shopping bags offered by supermarkets. Your samples are being returned per your request.

The applicable subheading for the shopping bags of 100% cotton textile materials will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

It has been noted that the samples submitted as part of the binding ruling request are not marked to indicate the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of a foreign origin imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to the ultimate purchaser in the United States. Section 134.46, Customs Regulations, specifies that when a U.S. location appears on an imported articles, there shall appear, legibly and permanently, in close proximity to such words, and in at least a comparable size, the name of the country of origin preceded by "Made in" or other words of similar meaning.
The instant shopping bags must be marked in a conspicuous and legible manner as per Section 304. It is recommended that each bag be marked by means of a sewn-in fabric label. The nature of the instant items and the compliance with Section 304, suffix, would construe compliance with Section 134.46 Customs Regulations.

Item 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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