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NY M81249




March 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.2000; 6307.90.9889

Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove, IL 60007

RE: The tariff classifications of bags from China

Dear Ms. Dorfman:

In your letter dated March 2, 2006, you requested a classification ruling on behalf of your client, Potter, Inc. Your samples were submitted to the Customs and Border Protection Laboratory for analysis. Your samples are being returned to you.

The samples submitted were identified as items 05PC578L-5-24 and 05PC578L-7-24. Each is an unlined, double handle, single compartment tote bag. Our laboratory analyses determined that the bags are constructed with an outer surface of 100% linen textile material. Each bag has a top opening with a hook and loop closure. They measure approximately 5.25” (W) X 7” (H) X 3” (D) and 9” (W) X 9.5” (H) X 5.75” (D).

The applicable subheading for the tote bags will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar bags, of textile materials, of vegetable fibers, other. The rate of duty will be 5.7 percent ad valorem.

The sample identified as 05BVT417N-24 is a drawstring gift bag made of sheer woven organza fabric, measuring approximately 10" high and 3.5” in diameter at its base. It has a cardboard insert at the base and three rosettes glued on at the top. It is not suitable for repetitive reuse.

The applicable subheading for the bag will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides other made up articles, other. The rate of duty will be 7% 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/.

HTS 4202.92.2000 falls within textile category 870. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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