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NY N016633




September 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

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

RE: The tariff classification of a shopping bag from China

Dear Ms. Henriques:

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

The sample submitted is shopping-style tote bag. A style number has not been provided. The bag is constructed with an exterior surface of 100% non-woven polypropylene textile material. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has two carrying handles and an exterior pocket. The pocket allows the bag to be folded within itself by means of a zipper closure. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. It measures approximately 15” (W) x 15” (H).

You have suggested that the bag is classifiable within subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for the conveyance or packing of goods, of plastics. However, shopping bags are of a kind eo nomine provided for in HTSUS 4202, and is 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 shopping tote 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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