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HQ 963610




April 8, 2002

CLA-2 RR:CR:TE 963610 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3091

Mr. Clay Smith
1726 Edgewater Drive
Edgewater, Florida 32132

RE: Revocation of PD D83382; Tote Bag of Woven Wool

Dear Mr. Clay:

In Port Ruling Letter (PD) D83382, issued to you November 20, 1998, a woven wool tote bag was classified in subheading 4202.92.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which in pertinent part, provides for "...Travel, sports and similar bags: With outer surface of textile materials: Of vegetable fibers and not of pile or tufted construction: Other." We have reviewed PD D83382 and have found the ruling to be in error. Therefore, this ruling revokes PD D83382.

Pursuant to section 625(c), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)), notice of the proposed revocation of PD D83382 was published on March 6, 2002, in the Customs Bulletin, Volume 36, Number 10.

FACTS:

The sample bag which was the subject of PD D83382 was described as an open top, 100 percent wool woven tote bag which measured 13 inches in length by 10-1/2 inches in height, and which had a shoulder strap 27 inches in length.

ISSUE:

Whether the bag is properly classified in a provision for travel bags with outer surface of textile materials composed of vegetable fibers

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). 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. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.

The provision in which the tote bag at issue was classified - subheading 4202.92.2000, HTSUSA - provides for bags with an outer surface of textile materials that are composed of vegetable fibers. The subject bag, however, is composed of 100 percent woven wool. Although woven wool is a textile material, wool is composed of animal fibers, not vegetable fibers. The bag is therefore classified in subheading 4202.92.3091, HTSUSA, which provides for travel bags with outer surface of textile materials that are other than vegetable fibers, paper yarn, silk, or man-made fibers.

HOLDING:

PD D83382, issued November 20, 1998, is hereby revoked.

The tote bag composed of woven wool is classified in subheading 4202.92.3091, HTSUSA, textile category 870, which in pertinent part, provides for "...Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Other." The general column one duty rate is 18.1 percent ad valorem. There are no applicable quota/visa requirements for the products of World Trade Organization ("WTO") members. The textile category number above applies to merchandise produced in non-WTO countries.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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. The Status Report On Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

In accordance with 19 U.S.C. ยง 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,


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