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NY N014726




August 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Lisa Foster
1 Bag at a Time
10700 Santa Monica Blvd, Suite 7
Los Angeles, CA 90025

RE: The tariff classification of a tote bag

Dear Ms. Foster:

In your letter dated July 18, 2007, you requested a classification ruling. Your sample will be returned as requested.

The item is a double handle, open top, shopping-style tote bag designed to contain personal effects and accessories during travel. The bag is manufactured with an exterior surface of non-woven polypropylene man-made fiber textile material. The interior of each bag is unlined and consists of no additional features. It measures approximately 12” (W) x 13” (L) x 8” (W).

In your ruling request, you recommended classification of the submitted item under subheading 6305, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for sacks and bags of a kind used for the packing of goods. However, the submitted sample is suitable for continuous reuse. Therefore, it is more appropriately classifiable in heading 4202, HTSUS.

The applicable subheading for the tote bag will be 4202.92.3031, 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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