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HQ 964770




February 8, 2002

CLA-2 RR:CR:TE 964770 ASM

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Armand LaSelva
LaSelva Agency
14 Mast Cove Road
Eliot, ME 03903

RE: Request for reconsideration of classification: Non-Woven shopping bag

Dear Mr. LaSelva:

This is in response to your request for reconsideration of Customs New York Ruling (NY) G84793 which was classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted to this office for examination.

FACTS:

The subject merchandise is a shopping bag that is manufactured wholly of non-woven textile material of polypropylene. The interior is unlined and consists of a single compartment with no additional features. Two self-material carry handles are attached to the bag.

In NY G84793 dated November 30, 2000, the subject garment was classified in subheading 4202.92.3031, HTSUSA, with a corresponding textile quota category of 670. You disagree with this classification and claim that the shopping bag is constructed of material that is similar to polyvinyl chloride and should be classifiable under subheading 4202.92.4500, HTSUSA, as a bag having an outer surface of "sheeting of plastic."

ISSUE:

What is the proper classification for the merchandise?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

Heading 4202, HTSUSA, provides as follows:

Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper.

The EN to 4202 indicates that the heading covers only the articles specifically named and similar containers. Since the subject merchandise is eo nomine provided for as “shopping bags”, it is properly classifiable under heading 4202, HTSUSA.

Headquarters Ruling (HQ) 964342, dated September 26, 2000, also involved the classification of a bag constructed of an exterior surface of non-woven man-made textile material. However, this bag also had a panel of polyvinyl chloride (PVC) mesh on the top front and side exteriors. In this ruling the bag was classified in subheading 4202.92.3031, HTSUSA, under the provision which provides for containers having an outer surface of textile materials.

In view of the foregoing, it is our determination that NY G84793, dated November 30, 2000, correctly classified the merchandise under subheading 4202.92.3031, HTSUSA.

HOLDING:

The subject merchandise is correctly classified in subheading 4202.92.3031, HTSUSA, which provides for, “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Other, Other: Of man-made fibers: Other." The general column one duty rate is 18.1 percent ad valorem. The textile category is 670.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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