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NY J89560




October 15, 2003

CLA-2-42:RR:NC:3:341 J89560

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 9503.90.0080, 9609.90.8000, 9017.20.8080

Wanda Habrial
Logistics Specialist
C/o Binney & Smith
1100 Church Lane
Easton, PA 18044

RE: The tariff classification of a tote bag and activity accessories from China

Dear Ms. Habrial:

In your letter dated September 29th, 2003 you requested a tariff classification ruling.

The sample submitted, identified as the “Sunny Day Tote”, is a tote bag that contains a plastic shovel, crab, fish, and boat sand molds, a bottle of bubbles, a stencil, and four chalk crayons.

The submitted sample is representative of three actual items to be imported. The three actual items are identified as #’s 04-2477-A-000 (Style 12477), 04-2487-A-000 (Style 20458) and 04-2497-A-000 (Style 12497). Each individual item will include a combination of the above enumerated articles and each will be presented put-up for retail sale without repacking.

The tote bag measures approximately 11”W x 10”H x 3”D and is constructed of textile fabric woven from monofilaments that do not exceed one mm in diameter with plastic sheeting on the bottom. The bag is secured by a zippered enclosure and features two webbed carrying straps.

The applicable subheading for the tote bag will be 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, other, of man-made fibers, other. The rate of duty will be 17.8 percent ad valorem.

HTS 4202.92.3031 falls 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 applicable subheading for the plastic shovel and the crab, fish, and boat sand molds, and bottle of bubbles will be 9503.90.0080, HTS, which provides for other toys; reduced-size (“scale”) models and similar recreational models, working or not, puzzles of all kinds; parts and accessories thereof: Other; Other. The rate of duty is Free.

The applicable subheading for the chalk crayons will be 9609.90.8000, HTS, which provides for pencils,crayons, other. The rate of duty will be Free.

The applicable subheading for the plastic stencil will be 9017.20.8080, HTS, which provides for “other” drawing or marking-out instruments. The rate of duty will be 4.6 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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