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NY K84867




April 7, 2004
CLA-2-42:RR:NC:3:341 K84867

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Brenda Blood
Operations Coordinator
Garven Inc.
1450 Northland Drive
Mendota Heights, MN 55120

RE: The tariff classification of tote bags from Hong Kong.

Dear Ms. Blood:

In your letter dated March 25, 2004, you requested a tariff classification ruling for tote bags.

The submitted samples are tote bags wholly of man-made textile materials. Each bag is identical to the other except for the applique designs on the front panels. Both have self-material drawstring closures that also serve as the carrying handles. The applique designs appear to simulate a trick or treat motif. Both bags are substantially constructed and possess the useful characteristics of storage, protection, organization and portability. Your samples are being returned as requested.

You have suggested that the item is 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 tote bags are substantially constructed and intended for repeated reuse. Motif design not withstanding, the principle uses of the bags are to provide storage, protection, organization and portability for the personal effects, including money and candy, that a child may place within.

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 of man-made fibers. The rate of duty will be 17.6 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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