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NY E88938

January 13, 2000

CLA-2-42:RR:NC:TA:341 E88938


TARIFF NO.: 4202.92.3091

Ms. Jonna Barr
Limited Distribution Services
Seven Limited Parkway
Reynoldsburg, OH 43068

RE: The tariff classification of a tote bag of raffia and textile from China.

Dear Ms. Barr:

In your letter dated November 26, 1999, on behalf of Limited Stores, a division of The Limited, Inc., you requested a classification ruling for a tote bag.

The sample submitted is identified as style 8699A. It is a tote bag composed of an outer shell wholly of woven unspun raffia plaiting materials within which horizontal ribbons of textile materials are woven. There is an inner layer of braided plaiting materials that are sewn together and form a backing behind the outer materials. The bag is lined with cotton textile material that has a small change pocket. It has double handles of clear plastic covered raffia. The overall size of the tote is 17'' wide by 12 1/2" high and 7 3/4" gusset. There is no top closure. The textile ribbons are alternating of cotton, polyester and wool. The bag is mainly covered with the textile materials. Your sample is being returned as requested.

You have indicated that the woven raffia bag body imparts the essential character of the article. This office does not consider the raffia as imparting the essential character

Heading 4202, HTSUSA, consists of two sections. The first half of the heading is not limited by materials, therefore goods that are either eo nomine provided or similar containers can be classified in the heading regardless of the materials from which it is manufactured. However goods which are either eo nomine or similar to those of the second half must be either of a named material or wholly or mainly covered with such materials. Textile is a named material. Style 8699A is similar to the eo nomine exemplar '"shopping bags" and is mainly covered with textile materials. Therefore, style 8699A is classifiable in heading 4202, HTSUSA.

The applicable subheading for style 8699A, tote bag, will be 4202.92.3091, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, other. The duty rate will be 18.6 percent ad valorem.

HTS 4202.92.3091 falls within textile category designation 870. Based upon international textile trade agreements products of China are subject to quota and the requirements of a visa.

Style 8699A is subject to the Wool Products Labeling Act of 1939

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7091.


Robert B. Swierupski

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