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NY N024854




April 8, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Jennifer Kirn
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of a tote bag and nested toiletry bags from China

Dear Ms. Kirn:

In your letter dated March 13, 2008 on behalf of Ore Originals, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style A345 is a tote bag constructed with an outer surface of 100% cotton canvas textile material. The bag is designed to provide storage, organization, protection and portability for clothing and other personal effects during travel. It has a textile-lined interior compartment with a zippered wall pocket. The bag has a top zippered closure and two carrying handles. The front exterior of the bag has an open pocket, a metal D-ring, and open pockets at each end. It measures approximately 15” (W) x 14” (H) x 11.5” (D).

You suggest classification under 4202.22.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. However, the tote bag is more specifically provided for in heading 4202.92.1500 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.

Style S943 is a set of toiletry bags constructed with an outer surface of 100% cotton canvas textile material. The bags comprise a set of three toiletry bags nested one inside the other, so that the smaller bag fits within the next larger size bag. The largest bag in the set serves to organize and store the smaller bags. Each bag has a textile-lined zippered compartment with no additional features. They are designed to provide storage, organization, protection, and portability to cosmetics or toiletry items during travel. The largest bag lends the essential character to the set and therefore the set will be classified as travel bags. The small bag measures approximately 7” (W) 3.25” (H) x 2.50” (D), the medium bag measures approximately 7.5” (W) x 5.5” (H) x 4.5” (D), and the large bag measures 7.5” (W) x 7” (H) x 6.5” (D).

The applicable subheading for the tote bag and toiletry bags will be 4202.92.1500, 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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