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August 11, 1999

CLA-2-42:RR:NC:341:E85303

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Kevin Maher
C Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of a shopping bag from Hong Kong.

Dear Mr. Maher:

In your letter dated August 3rd, 1999, on behalf of CPI Packaging Inc. you requested a tariff classification ruling for a shopping bag from Hong Kong.

The sample submitted with your request, no style number identified, is a shopping bag constructed wholly of non-woven PolyPropolyne (PP) textile material. The bag measures approximately 15 3/4" in height by 13 3/4" in width. Two permanently attached self straps span from one side of the bottom rear of the bag, across the top through a drawstring opening, and down to the other side of the bottom rear of the bag. The straps serve both as a drawstring closure for the top opening of the bag and carry straps that enable use as a backpack.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), 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. We recommend that the bags be marked with fabric labels sewn into the side interior of the bag that read "Made in Hong Kong".

The applicable subheading for the shopping bag 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% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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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