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NY R02187




July 12, 2005

CLA-2-42:RR:NC:3:341 R02187

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Patricia Searle
P.O.P Packaging Inc.
3823 - 36 Street
Edmonton, T6L 6N7
Alberta, Canada

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

Dear Ms. Searle:

In your letter dated June 24, 2005 you requested a classification ruling.

The image received with your request depicts a standard type shopping tote bag that is approximately 14”(W) x 12”(H) x 7”(D). You have indicated that the bag is manufactured of a non-woven polypropylene (PP) textile material. It is assumed that the exterior surface of the bag is of the PP textile material. You have indicated that the interior is of an insulated material and has no other features. The bag is carried by means of double self-material straps. The image depicts a zipper closure with open ends. The tote bag is capable of prolonged and repetitive re-use. Although you have indicated that the bag has an insulated interior, it is not principally used to maintain the temperature of food or beverages.

The applicable subheading for the carrying 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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