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NY J85539




July 11, 2003

CLA-2-42:RR:NC:3:J85539

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Joseph Stinson
Liss Global Inc.
7746 Dungan Rd.
Philadelphia, PA. 19111

RE: The tariff classification of drawstring stuff bag from China

Dear Mr. Stinson:

In your letter dated June 1, 2003 you requested a classification ruling.

A sample of item # 933615 (mfg. # 310F1RAI) been submitted. It is a decorative drawstring bag manufactured of man-made fiber textile materials. The textile fabric is of a heavy weight brushed knit construction. The exterior surface is made up to simulate the face of a snowman . The top flap simulates a Santa cap and the bag has a braided drawstring closure. The bag is of a kind normally sold at retail and is intended for repetitive reuse.

You have suggested that the item is classifiable within tariff number 9505.10.5020, Harmonized Tariff System of the United States, Annotated (HTSUSA) which provides, in part, for festive, carnival and other entertainment articles. The Explanatory Note (A), heading 9505, HTSUSA, provides guidance as to the characteristics and scope of the goods provided therein. The Note provides that such goods are generally made of non-durable material and are principally used as decorations traditionally associated with a particular festival.

The submitted tote bag is substantially constructed and intended for repeated reuse. The design on the front not withstanding, the principle uses of the bag are to provide storage, protection, organization and portability

The applicable subheading for item 933615 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel bags with outer surface of textile materials, of man-made fibers. The duty rate will be 17.8 % ad valorem.

Goods classified within HTS 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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