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NY K81961





December 24, 2003
CLA-2-42:RR:NC:TA:341 K81961

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 4202.92.3031; 4819.50.4040

Mr. Tom Staub
Interfreight Harmonized Logistics, Inc.
221 Sheridan Blvd.
Inwood, NY 11096

RE: The tariff classification of toiletry bags and storage box from China.

Dear Mr. Staub:

In your letter dated December 11, 2003, on behalf of Food Logic LLC, you requested a classification ruling.

You have submitted four samples with your request. No style numbers were submitted. The items described as “plastic bags”, are travel bags designed to contain toiletries and other personal effects during travel. Two of the bags are manufactured of transparent polyvinyl chloride (PVC) sheeting. The third bag is manufactured of mesh man-made fiber textile material. Their size ranges from approximately 7”(W) x 5 ½”(H) to 7”(W) x 10”(H). The bags are secured by means of a top zippered closure and/or a flap with a hook and loop fastener.

The fourth sample, described as a “carton for packaging“, is a hinged lid storage box constructed of paperboard covered on the exterior with paper. The top of the lid has a clear vue window to better see the products inside.

The applicable subheading for the toiletry bags of plastic sheeting will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The duty rate will be 20 percent ad valorem. The duty rate for 2004 will remain the same.

The applicable subheading for the toiletry bag of mesh man-made fiber material will 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. The duty rate for 2004 will be 17.6 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 empty box will be 4819.50.4040, HTS, which provides for other packing containers of paper or paperboard rigid boxes and cartons. The duty rate will be 0.5 percent ad valorem. The duty rate for 2004 will be Free.

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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