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NY J88859




September 29, 2003

CLA-2-42:RR:NC:TA:341 J88859

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.3031

Mr. Charles G. Hartill
Charles G. Hartill, LCHB
Capital Transportation
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of tote bags from China and/or Taiwan.

Dear Mr. Hartill:

In your letter dated September 19, 2003, on behalf of Ballet Makers, Inc., you requested a classification ruling for tote bags.

You have submitted three samples with your request identified as style numbers PB10826A-3, PB10826B-2 and PB10828. The items are double handle tote bags designed to contain personal effects and accessories on a daily basis. Styles PB10826A-3 and PB10826B-2 are manufactured of100% cotton woven fabric. They measure approximately 16”(W) x 14”(H). Style 10828 is manufactured of 100% nylon woven fabric. This style is barrel-shape in design measuring approximately 8 inches in diameter. It has a zippered top closure. Your samples are being returned as requested.

The applicable subheading for styles PB10826A-3 and PB10826B-2, the tote bags of cotton, 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 6.4 percent ad valorem.

The applicable subheading for style PB10828, the tote bag of nylon, will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.8 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China and Taiwan are not currently subject to quota and the requirement of a visa.

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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