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NY M84680




July 13, 2006

CLA-2-42:RR:NC:N3:341 M84680

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Damon Piatek
Northern Customs Services Inc.
6391 Walmore Road
Niagara Falls, NY 14304

RE: The tariff classification of a tote bag from China

Dear Mr. Piatek:

In your undated letter that was received in our office on June 28, 2006, you requested a tariff classification ruling on behalf of Instore Group of Companies of Mississauga, Ontario. This office is retaining your sample.

You submitted a tote bag said to be of 100% polypropylene nonwoven fibers. It is a double-handle shopping-style tote bag designed to contain personal effects and accessories during travel. It is made of spun-bonded non-woven fabric that we assume is not coated in any manner. It measures 14” (H) x 12” (W)\ x 7” (D).

The applicable subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), 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% ad valorem.

In your ruling request, you recommended classification of the submitted item under subheading 6307.90.9889, HTSUS. However, the submitted sample is suitable for continuous reuse. Therefore, it is more appropriately classifiable in heading 4202.

HTSUS 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 www.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 341 at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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