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NY N020278




December 6, 2007

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 4202.92.3031

Joy Semenuck
LG Sourcing, Inc.
P.O. Box 1000, Mail Code 4EIM
Moorseville, NC 28115

RE: The tariff classification of storage bags from China

Dear Ms. Semenuck:

In your letter dated Nov. 26, 2007, you requested a tariff classification ruling.

You submitted three samples. Item# 277875, Model3 11560(-424) “Yard Art Storage Bag” is an oversized duffle bag made of woven polyester fabric with a full zipper closure and two carry handles. It measures 36” long x 15” diameter.

The applicable subheading for the Yard Art Storage Bag 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.

You propose that this bag is classifiable in subheading 6307.90.9889, HTSUS, which provides for other made up textile articles, other. However, classification in heading 4202 is more specific.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 www.otexa.ita.doc.gov.

Item# 246514, Model# 11575(-416) “Rolling Artificial Tree Bag” is made of woven polyester fabric with a full zipper closure and two carry handles. It also has three casters at the bottom and a handle at the top. It is designed for the domestic storage of an artificial Christmas tree. It is 56” long and is tapered in width from 14” at the top to 22” at the bottom.

The third sample is Item# 24846, Model# 92547(-412) “4 Pack Light Reels in Storage Bag.” The bag is made of woven polyester fabric measuring 12” tall x 12” in diameter. It has a full double zipper opening at the top and two carry handles on the side. Inside are four plastic reels onto which may be wound strings of holiday lights, rope, electrical cords, and the like. The reels are then stored in the bag.

The reels in the bag form a set for tariff purposes. However, because neither the plastic reels nor the textile bag imparts the essential character to this set, according to the terms of General Note of Interpretation 3(c), HTSUS, the set will be classified under the tariff heading that comes last among those meriting equal consideration. The plastic reels are classified in Chapter 39 and the bag in Chapter 63.

The applicable subheading for the Rolling Artificial Tree Bag and the 4 Pack Light Reels in Storage Bag will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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