United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2008 NY Rulings > NY N023663 - NY N023732 > NY N023726

Previous Ruling Next Ruling
NY N023726




March 20, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Nicholas D’Andrea
Delmar International, Inc.
147-55 175 Street
Jamaica, NY 11434

RE: The tariff classification of shopping style tote bags from China

Dear Mr. D’Andrea:

In your letter dated February 21, 2008 on behalf of Commonwealth Packaging Company, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

Style 15617 is a shopping style tote bag constructed of non-woven polypropylene textile material that is coated with an outer surface of plastic sheeting. The outer surface of the bag is the plastic sheeting. The shopping bag has an open top, reinforced bottom, and double carrying handles. It has a main compartment with no additional features. It is designed to carry personal effects and accessories during travel and is suitable for repetitive use. The shopping bag can be folded-up and is secured with a snap closure. It measures approximately 15.5” (W) x 16” (H) x 6” (D).

Style 20614 is a shopping style tote bag constructed of polypropylene plastic strips, approximately 2.5mm in width, which are coated with an outer surface of plastic sheeting. The outer surface of the bag is the plastic sheeting. The shopping bag has an open top and double carrying handles. It has a main compartment with no additional features. It is designed to carry personal effects and accessories during travel and is suitable for repetitive use. It measures approximately 19” (W) x 13” (H) x 5.25” (D).

In your letter, you suggest that style number 15617 is properly classified under subheading 4202.92.3031. Shopping bags and all forms thereof are eo nomine provided in Heading 4202, and are classifiable in subheading 4202.92, Harmonized Tariff System of the United States (HTSUS). Chapter 42, Additional United States Note 2 provides that textile articles of subheading 4202.92 that are made-up of a textile material coated or covered on the exterior with a plastic is classifiable according to the exterior surface constituent material. In this instant, the bag has an exterior surface constituent that is a sheeting of plastic.

For style 20614, you suggest the proper classification is 4602.90.0000 which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (than of vegetable materials). Merchandise comprised of strips exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), are classifiable in subheading will be 4602.90.0000. Style 20614 has strips that are less than 5mm wide. The item is classifiable in 4202, HTSUS.

The applicable subheading for styles 15617 and 20614 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 sheeting of plastic, other. The rate of duty will be 20% 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,

Previous Ruling Next Ruling

See also: