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NY N016630





September 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Stella F. Henriques
Island Customs Brokers
2635 Waiwai Loop, 2nd Floor
Honolulu, HI 96819

RE: The tariff classification of a shopping tote from China

Dear Ms. Henriques:

In your letter dated August 27, 2007, you requested a tariff classification ruling, on behalf of your client, Majestic, International, LLC. The sample which you submitted is being retained by this office.

The sample submitted is a shopping style tote bag. A style number was not provided. It is constructed wholly of a woven polypropylene textile material that is coated with plastic sheeting material. The outer surface of the bag is the plastic sheeting. The shopping tote has an open top, textile carrying handles, and a main compartment with no additional features. It is designed to carry personal effects and accessories during travel and is suitable for repetitive use. It measures approximately 32” (W) x 15” (H) x 13” (D).

In your ruling request, you recommended classification of the submitted item under subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plasticssacks and bags (including cones): of other plastics. However, the shopping bag is constructed of a textile material that is coated with a plastic sheeting material and thus is properly classifiable within 4202, HTSUS.

The applicable subheading for the shopping tote will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastics, other. The rate of duty will be 20 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/.

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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