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NY M86625





October 26, 2006

CLA-2-42:RR:NC:N3:341 M86625

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Irene Tsiavos
Fun World
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of tote bags from China

Dear Ms. Tsiavos:

In your letter dated September 26, 2006, you requested a tariff classification ruling.

The submitted samples are identified as “Trick or Treat Tote Bags,” item number 9391. The items are double handle tote bags similar to shopping bags. They are constructed wholly of man-made textile fabric. The totes are designed to contain personal effects and accessories during travel and are suitable for repetitive reuse. The front panel of the one depicts the face of a cat and the other depicts a pumpkin.

The applicable subheading for the tote bags 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 rate of duty will be 17.6% ad valorem.

HTSUS 4202.92.3031 falls within textile category designation 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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