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NY H85892

December 17, 2001

CLA-2-66:RR:NC:3:353 H85892


TARIFF NO.: 6601.91.0000, 4202.92.3031

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York 10036-8901

RE: The tariff classification of an umbrella and tote bag from China.

Dear Ms. Wierbicki:

In your letter dated August 20, 2001, received in this office December 4, 2001, you requested a classification ruling. The sample will be returned to you as requested.

The submitted samples are a style PP231226, umbrella with a telescopic shaft and a tote bag. The umbrella is constructed of a metal shaft and ribs and plastic handle with braided textile hanging loop. The tote bag is made of woven nylon matching camouflage print. The umbrella is carried inside an approximately 7 ¾” by 11 ½” bag without a zipper. The tote bag is not fitted to the umbrella and can carry other items. The tote bag expands to approximately 17” by 15 ¾”. The bag tote incorporates a drawstring closure and a gusset-less outer pocket that measures approximately 7 ¾” by 11 ½”. This type of a tote bag is not normally sold with an umbrella.

The applicable subheading for the style PP231226 telescopic umbrella will be 6601.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas): Other: Having a telescopic shaft. The duty rate will be Free.

The applicable subheading for the style 231226 tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for “Trunkstraveling bagsof textile tile materialcovered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man-made fibers: Other.” The duty rate will be 18.3% 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 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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