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NY I87873




October 31, 2002

CLA-2-42:RR:NC:TA:341 I87873

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Ted Conlon
Four Star International
229 East Main Street
Milford, MA 01757

RE: The tariff classification of tote bags from China.

Dear Mr. Conlon:

In your letter dated October 17, 2002, you requested a tariff classification ruling for tote bags.

You have requested a classification ruling for items numbered 12305919 through 12305927, described as “Halloween EVA Foam/PVC Bags”. You have submitted a representative sample with your request identified as item 12305921 and photos of the additional items. The items are double handle, open top tote bags of a kind designed to transport personal effects and accessories on a daily basis. The bags are constructed of 60% PVC, 20% foam and 20% linen (cotton). The exterior surface is of clear polyvinyl chloride (PVC) plastic sheeting. Underneath the front exterior’s plastic sheeting is a piece of foam measuring approximately 6 ½”(W) x 8 ½”(H) depicting a decorative pumpkin face. The bags in the photos also feature similar decorative characters, i.e., ghosts, cats, witches, etc. The instant sample measures approximately 9 ½”(W) x 12 ½”(H) with 4” gussets. Although the items are described as “Halloween EVA/PVC Bags”, their primary function is to contain personal effects while traveling on a daily basis. Your sample is being returned as requested.

The applicable subheading for the tote bags will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 20 percent ad valorem.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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