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NY D81754

October 5, 1998

CLA-2-42:RR:NC:3:341 D81754


TARIFF NO.: 4202.92.3031

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, N.Y. 10022-3219

RE: The tariff classification of a printed nylon drawstring carrying bag, product of Taiwan.

Dear Mr. Pellegrini:

In your letter dated August 26, 1998, you requested a classification ruling. The request is on behalf of Ralph Lauren Footwear Company, Inc.

A sample of a carrying bag has been submitted. The bag is an 18" x 13.5" drawstring carrying bag manufactured of woven and printed manmade textile materials of nylon. The fabric has a rubberized backing and the textile materials form the exterior surface which is printed "RLX Polo Sport". The bag is secured by means of a cord lock of the type found on most similar sport/travel bags. The bag is of the class or kind of bags similar to those commonly known as "traveling bags" or "sport bags" such as a stuff bag, haversack, rucksack or duffel bag. It is designed and chiefly used for the storage, protection. organization and portability of clothing or other personal effects in general. A substantially similar article has previously been the subject of judicial decision in Standard Surplus sales v. United States, 667 F. 2d 1011, CCPA, wherein bags of the same class or kind were found to be travel bags designed to contain clothing or personal effects during travel.

You have indicated that the bag will be imported and sold at retail with a pair of footwear. The bag is not specially shaped nor fitted to contain a particular article or set of articles and is of a kind normally sold at retail without a content. The bag does not appear to be adapted to a pair of shoes nor does it appear to be mutually complementary with the shoes. It is designed for repetitive use. The bag itself is not of a kind which would form a whole with the shoes and which would not normally be sold with the shoes.

The function of the bag is to provide the storage, protection and portability to whatever personal effects, clothes or property contained within. The shoes and bag together do not meet a particular need or activity. The bag is a generic carrying bag designed to provide storage, organization, protection and portability while the footwear is worn on the person to protect the feet.

You have suggested that the bag should be classified as a DOMESTIC (emphasis added) shoe bag within tariff Heading 6307, HTSUSA, as enumerated in the Explanatory Notes of Heading 6307. The instant item is not specially shaped nor fitted for a pair of shoes and is neither specifically dedicated to contain a pair of shoes nor to be a domestic shoe bag.

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI) taken in order. GRI 1 provides that the classification of goods shall be determined according to the terms of the Headings of the tariff schedule and any relative section or chapter Notes. The Explanatory Notes (EN) to the Harmonized commodity Description and coding system offer guidance in understanding the scope of the Headings and GRI and do not have the same force as the Notes and GRI.

Classification within Heading 6307, HTSUSA, is limited by Legal Note 1 (l), Section XI which excludes textile articles of Heading 4202. Therefore, a textile article, which is of a kind similar to those of Heading 4202, is classifiable in that Heading and excluded from Heading 6307.

The sample submitted is a generic sport bag of a kind similar to the sport bags of Heading 4202.

The applicable subheading for the nylon carrying bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for, "Other, travel sport and similar bags, with outer surface of textile materials, other, of man-made fibers". The duty rate will be 19 percent ad valorem.

An article classified within tariff number 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan 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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