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NY G86309




January 19, 2001

CLA-2-42:RR:NC:TA:341 G86309

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. Floy Wood Evans
Evans and Wood & Co., Inc.
P.O. Box 610005
DFW Airport, TX 75261

RE: The tariff classification and marking of tote bags from China.

Dear Mr. Evans:

In your letter dated December 19, 2000, on behalf of Hobby Lobby Stores, Inc., you requested a classification ruling for tote bags.

You have submitted three samples with your request, identified as items 212704, 212712 and 213660. The items are double handle, open top tote bags manufactured of 100 percent cotton designed to contain personal effects and accessories during travel. The bags are unlined and feature an open compartment with no dividers. Their size ranges from approximately 4” x 4” to 13” x 20”. At the top exterior of each bag is a hangtag affixed by means of a one-way barb which reads “Made in China” “for Hobby Lobby Stores”. The one-way barb is not acceptable marking per 19 CFR 134.41(a).

The Tariff Act of 1930, as amended provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. As a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. We suggest that each bag be marked with a sewn-in fabric label, which reads “Made in China” into the top inside seam.

The applicable subheading for the tote bags will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.6 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. 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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