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NY F80622

December 14, 1999



TARIFF NO.: 4202.92.3031

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036

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

Dear Ms. Wierbicki:

In your letter dated December 7th, 1999, you requested a classification ruling.

The sample submitted with your request is identified as "Nylon Fitness Tote Bag", PP #198300. The item is a tote bag of 100% nylon, designed to contain clothing and other personal effects during travel. Placed inside the tote bag is a generic drawstring utility bag, commonly known as a "stuff bag", constructed of 100% nylon. The drawstring bag is designed to contain clothing and other personal effects during travel and measures approximately 11" in width by 15" in height. The interior of the bag is unlined and non-compartmentalized. The tote bag measures approximately 9 1/2" in height by 15" in width by an 8" gusset. The interior is unlined and consists of a single compartment with no additional features. The front of the bag features a drawstring mesh pocket and the side of the bag features a zippered pocket. An adjustable shoulder strap is permanently attached to the bag.

The applicable subheading for both the tote bag and drawstring bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem in the year 1999 and 18.6% ad valorem in the year 2000.

Items classifiable under HTS subheading 4202.92.3031 fall 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 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).

Your sample is being returned as requested.

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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