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NY N012345




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Gregory J. Carlson
CBC Customhouse Brokers, Inc.
5497 Kiswaukee Road
Rockford, IL 61109

RE: The tariff classification of shopping bags

Dear Mr. Carlson:

In your letter dated June 1, 2007, you requested a classification ruling on behalf of your client, NTI Trading, LTD. Your samples are being returned to you.

The samples submitted are shopping-style tote bags. Style numbers have not been provided. The bags are constructed with an exterior surface of 100% polypropylene non-woven textile material. The interior of each bag is unlined and consists of a single compartment with no additional features. The bags have two carrying straps. The bags are designed to provide protection, portability, storage, and organization to accessories, or other personal effects during travel. The bags measure approximately 15” (W) x 11.75” (H) x 6” (D) and 13.75(W) x 14.5” (H). Each is of a durable construction and suitable for continuous reuse.

You have suggested that the bags are promotional “give-aways,” not designed for prolonged use and are classifiable within subheading 3923, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the conveyance or packing of goods, of plastics. However, the shopping bags are of a kind eo nomine provided for in HTSUS 4202, and are more specifically provided in that heading. Classification is subject to application of GRI 1 which requires that imported goods be classified within the most specific provision according to the Section and Chapter language and Notes.

The applicable subheading for the 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 rate of duty will be 17.6% 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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