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NY 871619


March 10, 1992

CLA-2-42:S:N:N3G:341 871619

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6302.51.2000

Mr. Ian Morrison
Canmore World Trading Ltd.
55 The Kingsway
Toronto Ontario, Canada M8X 2T3

RE: The tariff classification of a tote bag and a napkin from Canada, Tanzania and/or China.

Dear Mr. Morrison:

In your letter dated November 18, 1991, received in this office on February 21, 1992, you requested a tariff classification ruling.

The submitted sample, described as a "Lunch Bag Kit", consists of a tote bag and a napkin targeted to students as an alternative to wasteful paper lunch components.

The tote bag is constructed with an outer surface of cotton textile material. It is unlined and features an internal elastic band. The bag has double textile braided carrying straps and it is secured by means of a braided textile drawstring closure. The front of the bag is printed with the words "A Greener Choice".

The instant napkin which measures approximately 25 CM square is constructed of cotton textile material. The edges contain an overlock stitch.

The applicable subheading for the tote bag of cotton textile material 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.

Goods classifiable under subheading 4202.92.1500, HTS, which have originated in the territory of Canada, will be entitled to a 4.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for the napkin of cotton textile material will be 6302.51.2000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: Other table linen: of cotton: tablecloths and napkins: Other: plain woven. The duty rate will be 5.5 percent ad valorem.

Goods classifiable under subheading 6302.51.2000, HTS, which have originated in the territory of Canada, will be entitled to a 3.3 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Items classifiable under 4202.92.1500 and 6302.51.2000 fall 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).

Sincerely,

Jean F. Maguire
Area Director

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