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NY M85839





September 13, 2006

CLA-2-42:RR:NC:N3:351 M85839

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Ms. Susan Criscione
Marketing Manger
Jyoti Industries, dba M-Trio
83 Summit Avenue
Jersey City, NJ 07304

RE: The tariff classification of a tote bag from China

Dear Ms. Criscione:

In your letter dated August 14, 2006, you requested a tariff classification ruling. The sample is being returned as requested.

You have submitted a sample of a tote bag that was not identified with a style number. The tote is designed to contain personal effects on a daily basis. It is manufactured with an outer surface of cotton textile fabric. It features one main storage compartment with one snap closure, one inner zippered pocket, two bamboo carrying handles, a polyester lining, and plastic decorative beading.

The applicable subheading for the tote bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.3% ad valorem.

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/.

HTSUS 4202.92.1500 falls within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 341 at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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