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NY N011860





June 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Walter Warren
C.H. Robinson International
300 Harmon Meadow Blvd
Secaucus, New Jersey 07094

RE: The tariff classification of travel bags from China

Dear Mr. Warren:

In your letter dated May 23, 2007, you requested a classification ruling on behalf of your client Pak 2000. Your samples will be returned, as requested.

The sample submitted is identified as a four piece mesh bag set. A style number was not provided. The mesh bags are constructed of 100% polyester mesh textile fabric. Each bag has a braided drawstring closure. The interior of the bags are unlined and have no additional features. The four travel bags are reusable and packaged together. The bags are designed to provide storage, protection, organization and portability to personal effects. All four bags are the same size and measure approximately 14” (W) x 17.5” (L).

At the time of importation the mesh bags are packaged inside a PVC packaging bag with a flap snap closure, heat sealed seams, and hang tab on the top that allows the product to be displayed on a rack for retail sale. You ask whether the PVC bag can be entered separately from the mesh bags. General Rule of Interpretation (GRI) 5(b) of the tariff provides that, subject to the provisions of GRI 5(a), packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. The PVC bag with the hang tab top is a container of a kind normally used for packaging. Therefore, the packaging bag cannot be entered separately from the mesh bags.

The applicable subheading for the travel bags 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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