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NY K85122




April 27, 2004
CLA-2-42:RR:NC:TA:341 K85122

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Francis A. Keegan
Amco Customs Brokerage Company, Inc.
P.O. Box 264
Essington, PA 19029

RE: The tariff classification of shopping bag from China.

Dear Mr. Keegan:

In your letter dated March 19, 2004, on behalf of Retail Strategic Alliance, Inc. (RSA), you requested a classification ruling for a shopping bag.

The sample submitted is not identified by style number. The item is a shopping bag with double plastic carrying handles designed to contain personal effects during travel. You have indicated that the intended use for the bag is to be clipped onto the sides of a shopping cart. The bag is manufactured with an exterior surface of 100% polyester man-made textile material. The interior of the bag is unlined and consists of a single compartment with no additional features. It measures approximately 17”(H) x 11”(W).

In your letter you suggested classification under subheading 4202.92.9026, HTSUSA, which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. However, the shopping bag is more specifically provided for in heading 4202.92.3031, HTSUSA, which provides for travel, sports and similar bags, other.

The applicable subheading for the shopping 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, of man-made fibers, other. The duty rate 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.

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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