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NY D83070




October 22, 1998

CLA-2-42:RR:NC:TA:341 D83070

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Bob Levinson
Dynasel Corporation
1601 N. Cheyenne Drive
Richardson, TX 75080

RE: The tariff classification and marking of a shopping tote from China.

Dear Mr. Levinson:

In your letter dated September 25, 1998, you requested a tariff classification ruling for a shopping tote.

The sample submitted, no style number indicated, is a shopping type tote bag of polypropylene strips wholly covered with a plastic exterior. It measures approximately 21"(W) x 13"(H) with 9" gussets.

The applicable subheading for the shopping tote 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, other. The rate of duty will be 20 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. We suggest that the bag be marked by means of a sewn-in fabric label which reads "Made in China" into the top inside seam.

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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