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NY N019966




December 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Francine Ramsey
Hampton Direct
350 Pioneer Drive
P.O.Box 1199
Williston, TX 05495

RE: The tariff classification of a tote bag from Taiwan

Dear Ms. Ramsey:

In your letter dated November 8, 2007 you requested a classification ruling. The sample which you submitted is being retained by this office.

Style number 63750 is a cross-stitch craft kit that includes a finished double handle tote bag, embroidery floss, and a needle. The tote bag is constructed with an outer surface of cotton textile material. The bag is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. It has a single unlined storage compartment and an open top. It measures approximately 14” (W) x 14” (H) x 4.25” (D).

The tote bag, embroidery floss, and needle are considered a set. General Rule of Interpretation 3(b) is applicable when the goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods "shall be classified as if they consisted of the material component which gives them their essential character." In this case, the tote bag imparts the essential character of the set.

The applicable subheading for the tote bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports 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 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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