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NY B80083

December 9, 1996

CLA-2-42:RR:NC:3:341 B80083


TARIFF NO.: 4202.92.3030

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg,Pa. 17105

RE: The tariff classification of a nylon tote bag from China

Dear Ms. Aldinger:

In your letter dated November 25, 1996 you requested a classification ruling.

A sample of a tote bag identified as style 970194 has been submitted. It measures 22" x 17 3/4" x 6 3/4", has double carrying handles, a top zipper closure and two exterior zipper pockets. The bag is manufactured of a Polyvinyl Chloride ( PVC) backed textile material. The textile material is of 100% man-made fibers and forms the exterior constituent material of the fabric.

Item 970194 is an article of a kind similar to the travel, sport and similar bags of Heading 4202, Harmonized Tariff System of the United States (HTSUS). Additional U.S. Note 2, Chapter 42, HTSUS provides that articles of textile materials which are coated or covered with plastics are classified according to the constituent material which forms the exterior surface of the fabric.

The applicable subheading for item 970194 will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other containers, of textile materials, travel, sport and similar bags with outer surface of textile materials, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Item 970194 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Kevin Gorman at 212-466-5893.


Roger J. Silvestri

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