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NY N009003




April 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Marsha McCabe
Midwest Gloves and Gear
P.O. Box 260
Chillicothe, MO 64601

RE: The tariff classification of a tote bag from China

Dear Ms. McCabe:

In your letter dated March 23, 2007, you requested a classification ruling. Your sample will be returned as requested.

The sample submitted is identified as style TGH23. It is a tote bag used for carrying gardening tools and accessories. The exterior of the tote bag is constructed of 100% polyester textile fiber backed with polyvinyl chloride (PVC) plastic sheeting. The tote bag has double webbed handles, an open top and a main storage compartment. The exterior of the bag is designed with eight pockets to contain tools and other garden supplies. Above the pockets there is a braided cord designed to hold tool handles securely in place. The bag measures approximately 15” (W) X 9” (H) X 3” (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 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

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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