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NY L83234





March 11, 2005

CLA-2-42:RR:NC:TA:341 L83234

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Maurine Cecil
American Shipping Company, Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

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

Dear Ms. Cecil:

In your letter dated February 28, 2005, on behalf of PT Metric, you requested a classification ruling for a carrying bag.

The sample submitted is identified as “BODYREV Gym Bag for Marriot”. No style number was submitted. The item appears to be specially designed to contain a specific piece of equipment. It is manufactured with an exterior surface of man-made fiber textile material. The bag features a padded textile-lined interior compartment with an open back wall pocket. It measures approximately 22”(W) x 9”(H) x 2 ¼”(D). The bag is carried by means of double webbed carrying straps and it is secured by means of a top zippered closure. Your sample is being returned as requested.

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

The applicable subheading for the carrying bag will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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