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NY N011082




May 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.2000; 4202.92.3091

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

RE: The tariff classification of travel bags from China

Dear Ms. Kobayashi:

In your letter dated May 9, 2007, you requested a classification ruling on behalf of your client, Decker Outdoor Corporation. Your samples will be returned to you as requested.

Two samples have been identified as “Feedbag”. One sample is constructed with an exterior surface of 100% cotton and the other is constructed with an exterior surface of 100% hemp. Both travel bags have a lined interior compartment with no additional features. They also have an open top and an unadjustable webbed shoulder strap. Each travel bag is designed and sized to provide storage, protection, portability, and organization to personal effects during travel. They each measure approximately 10” (W) x 14” (H) x 4” (D).

In your ruling request you suggest classification of the two versions of “Feedbag” under 4202.22, Harmonized Tariff Schedule of the United States (HTSUS) which provides for handbags. However, the two bags are designed and sized to contain large personal effects during travel and are more properly classified as travel, sport, or similar bags.

The applicable subheading for the “Feedbag” travel bag constructed of cotton will be 4202.92.1500, 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 duty rate will be 6.3 percent ad valorem.

The applicable subheading for the “Feedbag” travel bag constructed of hemp will be 4202.92.2000, which provides for travel, sports and similar bags, with outer surface of textile materials, other. The rate of duty will be 5.7 percent ad valorem.

The sample submitted is identified as “Overdue”. The travel bag is constructed with an exterior surface of 100% wool. The bag has an unlined interior compartment with no additional features. The bag has a front flap that secures by means of two buttons. There is an adjustable webbed shoulder strap with a pad. Along the perimeter of the bag, there is a rubber band that is 2.25” wide. The item is a multi-purpose travel bag designed to provide protection, portability, storage, and organization to accessories, or other personal effects during travel. It measures approximately 14.25” (W) x 10” (H) x 4.25” (D).

In your ruling request you suggest classification of “Overdue” and “Overload” as 4202.12, HTSUS, which provides for trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, and similar containers. However, the bags are designed and sized to contain large personal effects during travel and are more properly classified as travel, sport, or similar bags.

The applicable subheading for the travel bag will be 4202.92.3091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, other. The duty rate will be 17.6 percent ad valorem.

The sample identified as “Overload” is a travel bag constructed with an exterior surface of 100% hemp. The bag has a lined interior compartment with pockets to hold a cellular phone, Blackberry, laptop computer, etc. The bag has a metal zipper closure and an adjustable webbed shoulder strap. The front exterior of the bag has a flap pocket and a zippered pocket. The item is a multi-purpose travel bag designed to provide protection, portability, storage, and organization to accessories, or other personal effects during travel. It measures approximately 15” (W) x 10” (H) X 7” (D).

The applicable subheading for the travel bag will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other. The rate of duty will be 5.7 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/.

HTSUS 4202.92.1500 falls within textile category 369. HTSUS 4202.92.2000 and 4202.92.3091 fall 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. 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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