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NY K87718




August 6, 2004
CLA-2-42:RR:NC:TA:341 K87718

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 6601.91.0000

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 tote bag and umbrella from China.

Dear Ms. Kwok:

In your letter dated July 12, 2004, you requested a classification ruling for a tote bag and umbrella.

The sample submitted is identified as item COT1004-0295, “Umbrella Tote Bag Set”. The item consists of a double handle tote bag designed to contain personal effects and accessories on a daily basis and an umbrella with telescopic shaft. The umbrella is carried inside an exterior side pocket. The tote bag is manufactured with an exterior surface of polyester man-made fiber textile material. The interior is vinyl lined and features a single main compartment with no additional features. It measures approximately 13”(W) x 11”(H) x 4”(D). You have indicated that the above items are considered to be a set. However for classification purposes the items are not considered to be a set. Each item will stand on its own merit.

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, 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.

The applicable subheading for the umbrella will be 6601.91.0000, HTS, which provides for “Umbrellas Other: Having a telescopic shaft.” The duty rate will be Free.

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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