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NY K85501




May 3, 2004
CLA-2-42:RR:NC:TA:341 K85501

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Irene Kwok
C/O Mr. Zakir Ally
CGroup US Inc.
12 W 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of a tote bag from China.

Dear Ms. Kwok:

In your letter dated April 21, 2004, you requested a tariff classification ruling for a tote bag.

The sample submitted is identified as item 90109C. The item is a double handle tote bag measuring approximately 11 inches by 16 inches designed to contain personal effects and accessories on a daily basis. The article appears to have an outer surface of both a sheeting of plastic and textile material. Neither material imparts the essential character of the bag. Therefore the material that appears last in the tariff applies. The item is of a sheeting of plastic (GRI-3(c) noted). The interior consists of a single, textile lined compartment with no additional features.

The applicable subheading for item 90109C 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 rate of duty will be 20 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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