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NY L84653





May 16, 2005

CLA-2-42:RR:NC:TA:341 L84653

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

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

Dear Mr. Williams:

In your letter dated April 22, 2004 you requested a tariff classification ruling for a tote bag.

A sample of style number 22412 has been submitted. The item is a double handle, open top tote bag manufactured of man-made fiber textile materials. The front of the bag is decorated with embroidered facial features of what is said to be a “bunny”. The bag is an octagon with a flat bottom. It is unlined and measures approximately 12”(W) x 11”(H). Your sample is being returned as requested.

The applicable subheading for the style 22412 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 rate of duty will be 17.6 percent ad valorem.

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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