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NY C83884




February 10, 1998

CLA-2-42:RR:NC:TA:341 C83884

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Dawn Bialy
The Paper Magic Group, Inc.
401 Adams Avenue
Scranton, PA 18510

RE: The tariff classification of novelty tote bags from China.

Dear Ms. Bialy:

In your letter dated January 23, 1998, you requested a classification ruling for novelty tote bags.

The samples submitted, identified as items 670100 "Ghoul Grabber Grab Bag" and 670101 "Werewolf Grab Bag", are novelty tote bags manufactured of 100 percent polyester woven fabric with plastic chain carrying straps. The front of each bag is decorated with monster latex hands. They measure approximately 14"(W) x 15"(H). Your samples are being returned as you requested.

You have indicated that the subject items are decorative and are classifiable under HTS 9505. However, for classification purposes, the bags decorated with monster hands are not associated with a specific holiday and are excluded from Chapter 95. The items are considered to be novelty tote bags and will be classified accordingly.

The applicable subheading for the novelty tote bags of 100 percent polyester 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, of man-made fibers, other. The duty rate will be 19 percent ad valorem.

The tote bags fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 (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 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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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