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NY L88661




November 22, 2005

CLA-2-42:RR:NC:3:341 L88661

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Heather Gershon
Masterpiece International Ltd.
2300 E Higgins Rd
Elk Grove Village, IL 60007-2632

RE: The tariff classification of a shopping bag of woven polyethylene strips from China

Dear Ms. Gershon:

In your letter dated November 12, 2005 you requested a tariff classification ruling. The request is on behalf of Fairway International Corp.

The submitted sample is a double handle shopping bag that measures approximately 20”h x 19”w x6”deep. It is wholly of woven polypropylene strips that have an apparent width under 5 mm and is a textile material. The exterior surface is coated or covered with a thin film of plastics.

“Shopping Bags” and all forms thereof are eo nomine provided in Heading 4202, and are classifiable in subheading 4202.92, Harmonized Tariff System of the United States (HTSUS). Chapter 42, Additional United States Note 2 provides that textile articles of subheading 4202.92 that are made-up of a textile material coated or covered on the exterior with a plastics is classifiable according to the exterior surface constituent material. In this instant, the bag has an exterior surface constituent that is a sheeting of plastic.

The applicable subheading for the shopping bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of sheeting of plastic or of plastic sheeting, other. The rate of duty will be 20 percent ad valorem.

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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