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NY E87357





September 28, 1999

CLA-2-42:RR:NC:341:E87357

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. J.M. Abrahams
Phil Patterson, Corp.
4521 Fleur Dr., Suite "F"
Des Moines, IA 50321

RE: The tariff classification of a tote bag from China.

Dear Mr. Abrahams:

In your letter dated September 13, 1999, on behalf of Air-Tex Corporation (Div. Of Norwood Promotional), you requested a classification ruling for a tote bag from China.

The sample submitted with your request, no style number identified, is a tote bag designed to carry clothing and other personal effects during travel. The bag measures approximately 19" in height by 15 1/2" in width and is constructed of non-woven polyvinyl chloride fibers. The bag is unlined and consists of a single compartment with no additional features. Two shoulder straps are permanently attached to the top of the bag. The opening of the bag does not have a closure.

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 bag be marked by a fabric label sewn into the side interior of the bag that reads "Made in China."

The applicable subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with an outer surface of textile materials, other, other, of man-made fibers, other. The duty rate 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 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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