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NY N011218




May 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Nicholas D’Andrea
Delmar International NY Inc.
147-55 175th Street
Jamaica, New York 11434

RE: The tariff classification of a shopping tote from China

Dear Mr. D’Andrea:

In your letter dated May 14, 2007, you requested a tariff classification ruling on behalf of your client Fiberlinks Textile, Inc.

The sample submitted is a shopping style tote bag constructed wholly of woven polypropylene textile material that is coated with plastic sheeting material. The outer surface of the bag is the plastic sheeting. The shopping tote has an open top, webbed carrying handles and a main compartment with no additional features. It is designed to carry personal effects and accessories during travel and is suitable for repetitive use. It measures approximately 14.25” (W) x 15.5” (H) x 7” (D). Your sample was destroyed during examination and is not being returned.

In your ruling request, you recommended classification of the submitted item under subheading 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS) which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601, other (than of vegetable materials). However, the shopping bag is constructed of a textile material that is coated with plastic sheeting material and thus is properly classifiable within 4202, HTSUS.

The applicable subheading for the shopping bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastics, other. The rate of duty will be 20 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/.

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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