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NY N015761




August 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of gift bags from China

Dear Mr. Stinson:

In your letter dated August 13, 2007, you requested a classification ruling. The samples which you submitted are being returned as requested.

The submitted samples were referred to as “XWA Santa Bag Knitted 8.5.” The items are open top bags constructed from 100% polyester textile material. The bags are of a kind normally sold at retail as a gift bags and are similar to items commonly sold as wine bottle gift bags. The bags will be made-up with a Santa Claus motif. They are principally used to provide storage, protection and portability to their contents. The gift bags are durable and intended for repetitive use. The gift bags are unlined and measure approximately 6.5” (W) x 8.25” (L).

In your letter you suggested classification under subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles of textile, other. However, the gift bags are more specifically provided for in 4202, HTSUS.

The applicable subheading for the gift bag will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. 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 4202.92.9026 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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