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April 30, 1999

CLA-2-42:RR:NC:TA:341 E81085

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 4202.92.3031

Mr. Nick DeMarco
K.C. Burdette Company, Inc.
45 John Street - Suite 903
New York, NY 10038

RE: The tariff classification of shopping bags from India.

Dear Mr. DeMarco:

In your letter dated April 23, 1999, on behalf of Harpster of Philipsburg, Inc., you requested a classification ruling for shopping bags.

You have submitted two samples with your request, no style number indicated. The first sample is a double handle, open top shopping bag manufactured of woven polyethylene strips with an apparent width of less than 5mm backed with a plastic sheeting. The exterior surface is a textile material.

The second sample, described as a “Bottle Bag”, is essentially an open top shopping bag which is sectioned into six compartments. The approximate size of each is equal to a quart size bottle. The bag is essentially a shopping bag manufactured of woven polyethylene strips with an apparent width of less than 5mm with a plastic sheeting over the exterior.

The applicable subheading for Item 1, the shopping bag of textile man-made materials, 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, of man-made fibers, other. The duty rate will be 18.8 percent ad valorem.

The applicable subheading for Item 2, the shopping bag of plastic sheeting, will be 4202.92.4500, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The duty rate will be 20 percent ad valorem. HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of India 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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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