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NY N026187





April 18, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000

Mark Hirzel
Continental Agency, Inc.
535 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of a messenger bag from China

Dear Mr. Hirzel:

In your letter dated April 7, 2008, on behalf of Olivet International, Inc., you requested a classification ruling. The sample which you submitted is being retained by this office.

Style AWA38205/SW5425 is a messenger bag constructed with an outer surface of 100% cotton textile material. It is designed to transport items normally carried to and from the office or school. It has a main textile-lined compartment with a zippered wall pocket. It has a flap that covers the entire width of the bag. Under the flap are three open pockets with slots for pens, pencils, identification and a cell phone, etc. The bag has a single shoulder strap that adjusts by means of snap fasteners and a hook-and-loop closure. The rear exterior has a large loop for hanging in a locker or at a desk. It measures approximately 15.5” (W) x 12” (H) x 5” (D).

The applicable subheading for the messenger bag will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for briefcases, school satchels, etc., 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 4202.12.4000 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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