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NY 897509



MAY 13, 1994

CLA-2-42:RI:130:G25:DJP

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Judy Meszaros
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a diver tote bag from China

Dear Ms. Meszaros:

In your letter dated May 3, 1994, you requested a tariff classification ruling.

The sample submitted, item #80-50-90, is a diver's tote bag. The tote is approximately 22" long x 17" wide and is secured at the top with a drawstring closure. In addition, there is a small pocketed flag fitted with a plastic slide fastener. The bag has a textile handle for carrying. The outer surface of the tote is 100% man made fibers; the top portion is woven and the bottom 6" is net.

Your sample is being returned as requested.

The applicable subheading for the diver's tote will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man made fibers, other. The rate of duty will be 20 percent ad valorem.

This item falls within textile category designation 670. Based upon international textile trade agreements, products within category 670 from 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, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraints 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).

Philip A. Bernard
District Director
Providence, R.I.


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