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NY N023944




March 27, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Connie Rose
Hasbro, Inc.
200 Narragansett Park Drive
P.O. Box 200
Pawtucket, RI 02862

RE: The tariff classification of a carrying bag

Dear Ms. Rose:

In your letter dated February 19, 2008 you requested a classification ruling. The sample which you submitted is being returned as requested.

The sample submitted was not identified by a style number. It is a multi-use carrying bag constructed with an outer surface of nylon textile material. It is designed to provide storage, protection, portability, and organization to toys and other personal effects during travel. The bag has an unlined main compartment with no additional features. It has a flap with an exterior pocket that secures with a hook and loop closure. Underneath the flap, there is an additional pocket. The bag has an adjustable webbed shoulder strap.

In your letter, you suggest that the carrying bag is classifiable under 9503.00.0080, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for "Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages; dolls, other toys; reduced-scale ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof, other." The carrying bag is similar to named goods of heading 4202, HTSUS, and provides the useful functions of storage, protection, organization and portability for the child’s personal effects and property. These useful functions have a value greater than any play value the article may possess. Therefore, the carrying bag is more properly classified within heading 4202, HTSUS.

You also suggest subheading 9902.01.78. This subheading reflects trade legislation that temporarily amends the treatment of certain bags imported into the United States. Specifically it reads: "Bags (provided for in subheading 4202.92.45) for transporting, storing, or protecting goods of headings 9502-9504, inclusive, imported and sold with such articles therein." In this case, the carrying bag is constructed of a textile material and does not qualify for classification treatment in subheading 4202.92.45 HTSUS and thus is ineligible for temporary free duty status under 9902.01.78, HTSUS.

The applicable subheading for the carrying 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 duty rate will be 17.6 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 4202.92.3031 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 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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