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NY C80920

October 31, 1997

CLA-2-42:RR:NC:TA:341 C80920


TARIFF NO.: 4202.92.3030

Ms. Barbara Y. Wierbicki
Serko & Simon LLP
Counsellors at Law
One World Trade Center - Suite 3371
New York, NY 10048

RE: The tariff classification of a mesh tote bag from China.

Dear Ms. Wierbicki:

In your letter dated October 20, 1997, on behalf of Sarne Corp., you requested a classification ruling for a mesh tote bag.

The sample submitted, item M2-170-CL, described as a "Mesh Bag", is a double handle, open top tote bag manufactured of a material composed of a man-made fiber dipped in plastic, yielding a mesh like appearance with textile piping along its edges. The fabric is a material of Heading 5903, however, when made up as a bag it is classifiable within 4202. Inside the bag is a zippered pouch of clear Polyvinyl Chloride (PVC) plastic sheeting. The zippered pouch is permanently tethered to the tote by means of a textile strap, therefore it is part of the bag. The bag measures approximately 14"(W) x 10 1/2"(H). Your sample is being returned as you requested.

The applicable subheading for Item M2-170-CL, the mesh tote bag of man-made textile materials, will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), 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 19.3 percent ad valorem.

The tote bag 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.


Robert B. Swierupski

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