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NY H86139




December 28, 2001

CLA-2-42:RR:NC:3:341 H86139

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.4500

Ms. Julie Scoggan
C/o Evans and Wood & Co.
612 E. Dallas Rd.
Ste. 200
Grapevine, TX 76051

RE: The tariff classification of shopping/tote bags from China

Dear Ms. Scoggan:

In your letter dated December 7th, 2001 you requested a classification ruling. The request is on behalf of Hobby Lobby.

Two samples, not identified by style numbers, were submitted. Each is an open top double handle, unlined shopping/tote bag. The item identified as “first item” is wholly of knit polyethylene yarns. The “second item” is wholly of woven polyethylene yarn and is covered on the exterior with transparent plastic sheeting.

“Item one” is classified in tariff number 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials or of sheeting of plastic, with outer surface of textile materials, of man-made fibers. The duty rate will be 18.3% ad valorem for 2001 and 18.1% for 2002.

“Item two” is classified in tariff number 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS) travel, sport and similar bags, with outer surface of textile materials or of sheeting of plastic, other. The duty rate will be 20% ad valorem for 2001 and 2002.

HTS 4202.92.3031 and HTS 4202.92.4500 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).

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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