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NY L83590




April 4, 2005

CLA-2-42:RR:NC:TA:341 L83590

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.3031

Mr. Jamie M. Forsythe
Associate Manager - Global Product Development Trans-Pacific Trading, Inc.
6345 Norwalk Road
Medina, OH 44256

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

Dear Mr. Forsythe:

In your letter dated March 21, 2005, you requested a classification ruling for duffel bags and a tote bag.

You have submitted three samples with your request identified as items 1, 2 and 3. Items 1 and 2, described as a “Flower Barrel Bag” and “Velvet Barrel Bag”, are barrel-shaped duffel bags designed to contain personal effects and clothing during travel. The “Flower Bag” is manufactured of 100% cotton canvas. The “Velvet Bag” is manufactured of 100% polyester man-made textile material. The duffel bags measures approximately 20” in length, by 10 ½” in diameter. Both bags feature a top zippered closure, double webbed carrying handles and a removable, adjustable shoulder strap.

The third item, described as a “Flower Tote”, is a double handle, open top tote bag designed to contain personal effects during travel. It is manufactured with an exterior surface of 100% cotton textile material. It measures approximately 10”(W) x 8”(H) x 4 ½”(D).

The applicable subheading for the duffel bag and tote bag of cotton will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the duffel bag of polyester will be 4202.92.3031, 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 4202.92.1500 falls within textile category designation 369. HTS 4202.92.3031 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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