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NY J85997




July 16, 2003

CLA-2-63:RR:NC:TA:351 J85997

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Tonja Davenport
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of a bottle bag from China.

Dear Ms. Davenport:

In your letter dated July 2, 2003, on behalf of Dolgencorp, Inc., you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is a bottle bag, item number SKU 3-753-2561. The bag is made of 80 percent polyester/20 percent brushed knit fabric panel. It has been manufactured by folding the panel and sewing two of the open sides. It is held closed with a twisted cord.

You believe that the article should be classified under subheading 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers. However, since the item is of unlined fabric it is considered to be not substantially constructed and thus not of a type classified in heading 4202, HTS.

The applicable subheading for the bottle bag will be 6307.90.9889, HTS, which provides for other made up articles . . . Other. The rate of duty will be 7 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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