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NY N003937





December 20, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000

Eleanore Kelly-Kobayashi
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of messenger-style bags from China

Dear Ms. Kelly-Kobayashi:

In your letter dated November 27, 2006 you requested a classification ruling on behalf of Decker Outdoor Corporation. Your samples are being returned to you.

The sample that you referred to as “Blottoe Bag” is a bag that is similar to a messenger bag. It is designed to transport items normally carried to and from the office or school. It is manufactured with an exterior surface of 60% cotton, 40% linen textile material. It measures 15” x 10” and features one main storage compartment, a zippered flap opening, an adjustable shoulder strap, and a top-carrying handle.

The sample that you referred to as “Overlap” is a bag that is similar to a messenger bag. It is designed to transport items normally carried to and from the office or school. It is manufactured with an exterior surface of 100% cotton textile material. It measures 14” x 10” and features one main storage compartment, a flap opening secured with a toggle closure, an adjustable shoulder strap, a top carrying handle, and one zippered pocket on the front of the bag.

The applicable subheading for the bags will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for briefcases, school satchels, etc., with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent 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/.

The bags fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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