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NY E86528




October 26, 1999

CLA-2-42:RR:NC:TA:341 E86528

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Marc S. Greenberg
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NY 07632

RE: The tariff classification of tote bags from China.

Dear Mr. Greenberg:

In your letter, received in this office August 26, 1999, on behalf of Keenpac North America Ltd., you requested a classification ruling for tote bags.

The samples submitted are double handle, open top, and/or drawstring tote bags designed to contain personal effects during travel. You have stated that the bags are manufactured of non-woven polypropylene fibers, which is coated on the exterior with polyethylene plastics. You have indicated that the bags marked “Chicago” and “Jeanie’s Dream” is coated with polyethylene plastic on the exterior surface, and the bag marked “Motif by Mary Frances” is coated on the interior surface. Their size varies from approximately 9”(W) x 11”(H) to 19”(W) x 19”(H).

In order to classify your sample we have submitted it to the U.S. Customs Laboratory for an analysis of the fiber content. The laboratory has reported that the bags are composed wholly of olefin fibers and are not covered with any plastic materials.

The applicable subheading for the 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, of man-made fibers, other. The duty rate will be 18.8 percent ad valorem.

HTS 4202.92.3031 falls 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 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).

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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