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NY D87879





March 9, 199

CLA-2-42:G32 D87879

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Ludene Murphree
Gap Inc.
One Harrison Street
San Francisco, CA 94105

RE: The tariff classification of Utility Mesh Tote Bags from China

Dear Ms. Murphree:

In your letter dated February 15, 1999, you requested a tariff classification ruling.

The photograph with two samples submitted for our review are utility mesh tote bags composed of 100 percent polyester. As stated in your letter, the bags will be produced as retail packaging for Old Navy footwear. The bags will be imported and retailed with a pair of Old Navy shoes inside. They will be used as shoe boxes, but the added advantage will be less space in shipping and in store space, also allowing for visibility of the shoes inside. The adult bag measures approximately 9 inches in length x 10 1/2 inches in width. The kid size measures approximately 7 inches in length x 9 1/2 inches in width. The bags have two textile handles and velcro closures.

Please be advised that your samples will be returned to the above address.

The applicable subheading for the Utility Mesh Tote Bags will be 4202.92.3031, 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 18.8 percent ad valorem.

Items classifiable under 4202.92.3031 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.

Sincerely,

WILLIAM J. LUEBKERT
Port Director

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