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NY K86918




June 18, 2004
CLA-2-42:RR:NC:TA:341 K86918

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Jamie McPhee
BagSix LLC
224 Avenue B, #20
New York, NY 10009

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

Dear Mr. McPhee:

In your letter dated June 9, 2004, you requested a tariff classification ruling for a shopping bag.

The sample submitted is not identified by style number. The item is a double handle, shopping bag designed to contain personal effects during travel. It is made up of polyethylene strips wholly covered on the exterior surface with plastic sheeting. The interior is unlined and consists of a single compartment with no additional features. It measures approximately 15”(H) x 13”(W) x 4-½”(D). The top of the bag is secured by means of a zippered closure.

You describe the bag as being made from plastic sheeting, and you request classification in subheading 3923.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags (including cones) of polymers of ethyleneother: other. The bag is made from woven polyethylene strips that measure less than 5 mm in width. These strips meet the dimensional requirements to be classified as textile strips. The woven strip fabric is laminated on one side with a heavy layer of polyethylene plastic. Textile strip fabric that is coated on only one side with plastics is not considered to be a plastic material of chapter 39 for tariff classification purposes. Though the outer red layer is considered to be plastic sheeting, the laminated material from which the bag is made is considered to coated textile fabric and not plastic sheeting.

The applicable subheading for the shopping bag 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 or of textile materials, other. The rate of duty will be 20 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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