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NY C89624




August 5, 1998

CLA-2-42:1B:CO:G07 C89624

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.90.4500

Mr. Alpha Robinson
Lerner New York
460 West 33 Street
New York, New York, 10001

RE: The tariff classification of a tote bag from China

Dear Mr. Robinson:

In your letter dated July 10, 1998, you requested a tariff classification. A sample was submitted for our examination.

The submitted sample, style #6135, is a tote bag with an outer surface of plastic. It measures approximately 16« x x 14 inches. The bag has one large main compartment secured with a snap closure and shoulder straps. The outer surface is of PVC. Your sample is herein returned.

The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for: Travel, sports and similar bags; with outer surface of sheeting of plastic or of textile materials; Other. The rate of duty will be 20% ad valorem.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R. Part 134), which implements the country of origin marking requirements and exceptions to 19 U.S.C. 1304. Part 134 of the Customs Regulations provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The tote bag at issue is not in compliance with the referenced statute. 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.

Sincerely,

Jon A. Batt
Port Director,

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