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NY N016965




September 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Douglas P. Beebe
Affiliated Customs Brokers, USA
193 West Service Road
Champlain, NY 12919

RE: The tariff classification of tote bags from China

Dear Beebe:

In your letter dated August 28, 2007, on behalf of Travelway Group International, Inc., you requested a classification ruling. The samples which you submitted are being returned as requested.

The submitted samples are shopping-style tote bags constructed from man-made textile material. Style numbers were not provided. The tote bags are designed to provide storage, protection, portability, and organization to clothing or other personal effects during travel. They each feature two carry handles, open tops with no means of closure, and an interior storage compartment. The bags measure approximately 12” (W) x 13” (H) x 8” (D).

In your ruling request you suggested classification of the tote bags under 3923.21.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bags: of polymers of ethylene. However, the articles are constructed of a textile material and thus not appropriately classifiable in heading 3923, HTSUS. The items are akin to the items classifiable in 4202, HTSUS.

The applicable subheading for the tote bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar, with outer surface of textile materials, man-made fibers, other. The duty rate 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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