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NY J89952




October 30, 2003

CLA-2-42:RR:NC:TA:341 J89952

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.3031

Mr. Eric Moeller
ATE Logistics Company (Georgia)
510 Plaza Drive, Suite 2290
Atlanta, GA 30349

RE: The tariff classification of tote bags from China.

Dear Mr. Moeller:

In your letter dated October 2, 2003, on behalf of Natural Life Collections, Inc., you requested a classification ruling for tote bags.

The samples submitted are identified as SKU TOTE004 and 030721, “Gift Bags”. The items are double handle, open top mini tote bags designed to contain personal effects and accessories on a daily basis. SKU TOTE004 is manufactured with an exterior surface of 65% cotton and 33% flax canvas fabrics with felt embroidery. SKU 030721, the “felt” bags, are manufactured with an exterior surface of man-made fiber textile materials. The interior of each bag is unlined with no additional features. They ranges in size from approximately 6”(W) x 6”(H) x 3”(D) to 7 ½”(W) x 8”(H) x 4”(D).

The applicable subheading for the tote bag of 65% cotton and 35% flax 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 the tote bags of “felt” man-made fiber textile materials, 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 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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