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NY N017811




October 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Anne Amice
10449 Whitebridge Lane
St. Louis, MO 63141

RE: The tariff classification of a tote bag from France

Dear Ms. Amice:

In your letter dated September 27, 2007, you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

A style number was not provided for the sample submitted. It is a tote bag constructed with an outer surface of polyvinyl chloride (PVC) plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to clothing and other personal effects during travel. It features double textile shoulder straps, one large unlined interior storage compartment, one interior zippered pocket, and an open top with a flap that has a snap closure. It measures approximately 24” (W) x 7.5” (D) x 17.5” (H).

In your letter you mention that a removable sticker with the country of origin will be applied once the shipment arrives in the United States. This is not acceptable. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article prior to its importation. Because there are a variety of acceptable methods of marking, including hang-tags, labels, etc., we suggest you contact your local Customs port for advice on the method that will least detract from the design.

The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar bags, with outer surface of plastic sheeting material, 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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