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NY E87608





September 28, 1999

CLA-2-42:RR:NC:341:E87608

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 4202.92.3031

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343

RE: The tariff classification of tote bags from China.

Dear Mr. Anderson:

In your letter dated September 15, 1999, on behalf of Barlow Promotional Products, Inc., you requested a classification ruling for tote bags from China.

The samples submitted with your request are identified as "BackPac Roll-Up," "Tote Roll-Up," and "Mini Roll-Up" (no style numbers were included). The items are tote bags designed to carry clothing and personal accessories during travel. Each item is portable and is capable of being rolled into a compact cylinder that is secured by a hook and loop closure. "BackPac Roll-Up is constructed of a sheeting of plastic and features a drawstring closure and two adjustable shoulder straps permanently attached to the rear of the bag that enable use as a backpack. The bag is secured by the self-tab with a hook and loop closure that also secures the bag in its compact form. "Tote Roll-Up" is constructed of a sheeting of plastic and is rectangular in shape with two permanently attached shoulder straps. The bag is secured by the self-tab with a hook and loop closure that also secures the bag in its compact form. "Mini Roll-Up" is constructed of an exterior surface of nylon textile material and is square in shape with two permanently attached carry handles. A metal D-ring is affixed to the topside exterior of the bag. The top opening of the bag does not have a closure. A hook and loop closure secures the bag in its compact form.

The applicable subheading for the "BackPac Roll-Up" and "Tote Roll-Up" will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The duty rate will be 20% ad valorem.

The applicable subheading for the "Mini Roll-Up" 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).

Your samples are 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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