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NY N014923




August 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Debbie Bell
Bealls Department Stores, Inc.
P.O. Box 25207
Bradenton, FL 34206-5207

RE: The tariff classification of wine bottle bags from China

Dear Ms. Bell:

In your letter dated July 19, 2007, you requested a classification ruling.

Three styles of wine-bottle bags were submitted. They are constructed with an outer surface of polyester material and are fitted with various wine accessories. Your samples will be returned to you as requested.

Style 629-60 is a triangular two-bottle wine bag. Included with the bag are a wooden cutting board, a stainless steel cheese knife, a bottle stopper, a corkscrew, two cotton napkins, and two acrylic wine glasses. The interior of the bottle bag is textile-lined and has elastic straps, fitted pockets, and loops to hold the accessories in place. The exterior has an adjustable textile shoulder strap, a carrying handle, and two fitted pockets with hook and loop closures. The bottom side of the bag has a full length pocket that secures with a hook and loop closure. It measures approximately 12” (W) x 8” (H) x 9” (D).

Style 623-04 is a two-bottle wine bag. Included with the bag are a wooden cutting board, a corkscrew, and a cheese knife. The bag has a lidded top that secures with a textile zipper. The interior of the bag is textile-lined and divided into two sections. The exterior of the bottle bag has open mesh pockets on the front and both sides. It also has a removable, adjustable textile shoulder strap and carrying handle. It measures approximately 8” (W) x 13” (L) x 4” (D).

Style 518-49-990 is a wine bottle bag that has a zipper down the center that opens into two textile-lined compartments. One compartment is specially fitted to hold a wine bottle, and has an attached elastic strap with a hook and loop closure to hold it in place. The other compartment has two acrylic wine glasses which are held in place by elastic straps with hook and loop closures. The bag contains two cotton napkins, a stainless steel corkscrew, and a bottle stopper. The exterior of the bottle bag has an adjustable textile shoulder strap and a zippered pocket. It measures approximately 8.5” (W) x 13” (L) x 4” (D).

The wine bottle bags and included accessories are dedicated for the purpose of preparing, storing and serving cheese and wine. All three styles, 629-60, 623-04, and 518-49-990, are considered to be a “set” as provided by the General Rule of Interpretation (GRI) 3(b). The wine bottle bag imparts the essential character for each style.

The applicable subheading for the wine bottle bags will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. 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 4202.92.9026 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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