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NY L89468




January 13, 2006

CLA-2-42:RR:NC:3:341 L89468

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of totes bags from China

Dear Ms. Aldinger:

In your letter dated December 5, 2005 you requested a tariff classification ruling.

You have submitted two styles each identified as item #943082 (LaRue #M4150). The tote bags are wholly made up of man-made fiber textile materials. Each tote bag varies from the other by overall size, configuration and type of fabric. One bag is wholly of a vinyl backed woven fabric and the second tote is of a mesh fabric of polyester yarns that are wholly coated with a plastics. The samples will be returned as requested.

The applicable subheading for the tote bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

Tariff number 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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