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NY L85260




June 13, 2005

CLA-2-42:RR:NC:TA:341 L85260

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Sara May
Dan Dee International Ltd.
7282 123rd Circle North
Largo, FL 33773

RE: The tariff classification of tote bag from China.

Dear Ms. May:

In your undated letter, received in this office May 27, 2005, you requested a classification ruling for an article described as a “gift bag.”

A sample of item number H559255 has been submitted. The item is a double handle tote bag similar to a shopping bag. It is constructed of plastic coated paper with an exterior surface of man-made fiber textile materials. You have indicated that the bag has been glued and not sewn. The tote bag has an open top and is carried by double fabric handles. It measures approximately 10”(H) x 8”(W) x 4 ½”(D) and is suitable for prolonged use. You have indicated that item H559255 will be imported in three assorted colors. Your sample is being returned as requested.

In your letter you suggested classification under subheading 6307.90.9889, HTSUSA, which provides for other made up articles of textile, other. However, item H559255 is not classifiable as an article of textile. Section XI, wherein goods of heading 6307 are classified, is limited by Legal Note 1(l) that excludes textile goods of heading 4202, HTSUSA. The tote bag is more specifically provided for in subheading 4202.92.3031, HTSUSA, within the eo nomine provision that provides for “shopping bags”.

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. 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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