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NY L86372




August 10, 2005

CLA-2-42:RR:NC:TA:341 L86372

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Jimmy Barnhardt
XPEDX
3900 Spring Garden Rd.
Greensboro, NC 27407

RE: The tariff classification of a garment bag from Hong Kong.

Dear Mr. Barnhardt:

In your letter dated July 13, 2005, you requested a classification ruling for a garment bag.

A sample of item 5186723 “Ralph Lauren Rugby Garment Bag” has been submitted. The item is a garment bag wholly of non-woven polypropylene man-made fiber textile material. You have stated that the bag is designed to store, protect and transport a “Ralph Lauren Rugby” suit, shirt and pant. The bag has a zipper running down the center of the bag with an opening at the top through which a clothes hanger can be placed. It measures approximately 24”(W) x 53”(H). The bag can be folded over and carried by a webbed loop on either end.

You have suggested classification with the tariff provision HTS 3923.90.0080 that provides, in part, for articles for the conveyance or packing of goods, of plastics. However, the garment bag is of a textile material, not of plastics, and is more specifically provided for as a travel, sports and similar bag of heading 4202. Goods classifiable in heading 4202 are excluded from classification in heading 3923 by Chapter 39 exclusion note 2(ij). The instant item is classifiable in heading 4202, therefore is not classifiable in subheading 3923, HTS.

The applicable subheading for the garment 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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