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1-4 kg

NY k81677


January 12, 2004
CLA-2-42:RR:NC:3:341 k81677

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Kristin Mayer
Classification Analyst
Wal-Mart Logisitcs
MS# 0410 - L- 32
Bentonville, AR. 72716-0410

RE: The tariff classification of Collapsible Carrier Bags from China

Dear Ms. Mayer:

In your letter dated January 02,2004, you requested a classification ruling.

You have submitted samples of an item described as a collapsible carrier. The items are identified by style numbers 27281, Spider, 25453, Scooby Doo with Ghost, and 25787, Pooh and Friends. Each item is identical except for the printed design on one side. The carrier bags are of a kind similar to a small tote bag. Each has a coil type frame that permits the bag to expand or collapse. The bags are made of man-made fiber textile materials and are intended to simulate a Halloween motif.

You have suggested that the items are classifiable within tariff number 9505.90.6000, 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 bags are similar to the shopping bags of heading 4202, HTSUS, and are substantially constructed and intended for repeated reuse. The front panel designs not withstanding, the principle uses of the bags are to provide storage, protection, organization and portability. Such useful functions are greater than any decorative value the bags may have. Therefore, bags are not classifiable within heading 9505, HTSUSA.

The applicable subheading for items 27281, 25453 and 25787 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 of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

Articles classified within tariff number 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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