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NY F83180




May 18, 2000

CLA-2-42:RR:NC:3:341 F83180

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, N.Y. 10022-5555

RE: The Tariff Classification of a Travel Bag; HTS 4202.92.3031, Product of China

Dear Mr. Pelligrini:

In your letter dated February 21, 2000 you requested a classification ruling. The request is on behalf of Adidas America, Inc.

A sample of a travel bag of 100 percent manmade fiber textile materials has been submitted. The bag measures approximately 14.5" high x 13" wide. It is unlined and has a drawstring closure with a sport bag cord lock. The bag is a generic bag designed to contain clothing or other personal effects during travel. It is of a kind normally sold on its own as a traveling bag and often used to contain sporting accessories as well as clothing and other personal accessories. It is not specially shaped or fitted to contain a specific article or set of articles.

You have indicated that the bag will be imported with footwear in general. It is assumed the same bag and various variety of footwear will be presented in the same export and retail packing cartons. We note that shoes are not normally sold with a similar travel bag. The suggested classifcation is as a textile article within the tariff provision 6307.90.99, Harmonized Tariff Schedules of the United States (HTSUS) which provides for "Other made up articles, other, other". You have noted several previous Customs decisions wherein shoe bags have been found to be domestic shoe bags as enumerated in Explanatory Note 6307, Note (5). We note that those bags were designed to contain a specific pair of shoes or slippers. It is also assumed that those shoe bags were chiefly used as domestic storage bags and not of a kind similar to the enumerated goods of Heading 4202. It is noted that heading 6307, HTSUS, is limited by section XI, Legal Note 1(l) wherein textile articles of Heading 4202 are excluded from classification in the Section. In addition, Heading 6307 Explanatory Note (b) specifically excludes "travel goods" such as enumerated in heading 4202. Therefore, a travel bag of a kind similar to the travel bags of heading 4202, HTSUS, is precluded from classification in heading 6307.

The sample submitted is substantially similar to those ruled to be travel bags in the Court decision United States v. Standard Surplus Sales, 667 F. 2d 1011, Appeal 81-13. It is also similar to those bags ruled upon in HQ 959679, May 8, 1997, HQ 962363, January 28, 2000 and 963575, October 2, 1999.

The applicable subheading for the travel bag of man-made fiber textile materials will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, of textile materials and of manmade fibers . The duty rate will be 18.6 percent ad valorem.

Goods classified within tariff number 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). Although you have requested sample return, this office will retain the sample for official purposes.

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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