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NY N025132




April 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.3020

Diane R. Pastoor
V. Alexander & Company. Inc.
110 McGhee Tyson Blvd., Suite 202
Alcoa, TN 37701-4105

RE: The tariff classification of diaper bag, tote bag, and backpack from China

Dear Ms. Pastoor:

In your letter dated March 21, 2008 on behalf of Brand Science, LLC., you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 7841 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide storage, protection and organization to personal effects and accessories, such as clothing diapers, bottles, or other sundry articles. The main compartment is textile-lined with two open pockets and a zippered pocket on the interior sidewalls. The main compartment secures with two magnetic closures. At the top of the bag, there is a zippered pocket with two small interior pockets. The bag has two padded carrying handles and a removable, adjustable shoulder strap with metal snap hooks at each end. The front exterior has two opened pockets while the back exterior features an open pocket for a changing pad. Both ends of the bag have an open elastic pocket. It measures approximately 15.75” (W) x 12” (H) x 5” (D).

Style 7873 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag has a main textile-lined compartment with a zippered pocket and two open pockets on the interior sidewalls. It has two padded carrying handles and secures with a top zipper closure. Both the front and back exteriors have textile-lined zippered pockets along the width of the bag. It measures approximately 21” (W) x 18.5” (H) x 6” (D).

Style 7874 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag has a main textile-lined compartment with a zippered pocket and two open pockets on the interior sidewalls. It has two padded carrying handles and secures with a top zipper closure. The bag also has a removable adjustable shoulder strap with metal snap hooks at each end. It measures approximately 15” (W) x 12” (H) x 7.75” (D).

Style 7908 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. It has a textile-lined center compartment with a top zipper closure. On opposite sides of the center compartment are two open top compartments with a zippered pocket and two open pockets on the interior sidewalls. It has two padded carrying handles. It measures approximately 17” (W) x 16” (H) x 6.25” (D).

Style 7909 is a backpack constructed with an outer surface of man-made textile material. It is designed to provide storage, protection, organization and portability for accessories and personal effects during travel. The backpack has a main textile-lined compartment with a zippered pocket and two open pockets on the interior sidewalls. Two adjustable straps with metal snap hooks at each end are permanently attached to the rear exterior of the bag, and enable the user to wear the bag on the back. It also has two padded carrying handles and a top zipper closure. Both the front and back exteriors have textile-lined open pockets along the width of the bag. It measures approximately 20” (W) x 17” (H) x 8” (D).

The applicable subheading for style 7841, 7873, 7874, and 7908 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 percent ad valorem.

The applicable subheading for style 7909 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The duty rate will be 17.6% 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 and 4202.92.3020 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.

Your inquiry does not provide enough information for us to give a classification ruling on any style that will be constructed of the 0.17mm PVC coated polyester material. Your request for a classification ruling should include samples in the same condition as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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