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NY N019811




November 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000, 4202.92.1500

Debbie Bell
Bealls Department Store
1806 38th Avenue East
Bradenton, FL 34208

RE: The tariff classification of a Pullman suitcase and a tote bag from China

Dear Ms. Bell:

In your letter dated November 7, 2007 you requested a classification ruling. The samples which you submitted are being returned as requested.

Style number 2652 is an upright, expandable pullman suitcase constructed with an outer surface of 100% cotton textile material. It is designed to contain clothing and other personal effects during travel. The suitcase features a main storage compartment with a zippered closure, a textile lining, a telescopic handle, a reinforced bottom, wheels, outer pockets, and a top and side carrying handle. It measures approximately 14” (W) x 21” (H) x 6.5” (D).

Style number 2651 is a tote bag constructed with an outer surface of 100% cotton textile material. It is designed to provide storage, protection, portability, and organization to clothing, or other personal effects during travel. The bag has a large single textile lined interior compartment with a zippered wall pocket and a top zipper closure. It can be carried by either means of double pvc-trimmed carrying handles or an adjustable, removable shoulder strap. It measures approximately 19” (W) x 5” (D) x 12” (H).

The applicable subheading for the suitcase will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for briefcases, school satchels, etc., with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.1500, HTSUS, which provides for travel, sport, and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3%.

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 4202.12.4000 and HTSUS 4202.92.1500 fall within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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