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NY J85070

June 3, 2003

CLA-2-42:RR:NC:TA:341 J85070


TARIFF NO: 4202.92.3031

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, VA 23320

RE: The tariff classification of a mesh shopping bag from China.

Dear Ms. Grego:

In your letter dated April 30, 2003, you requested a classification ruling for a mesh shopping bag.

The sample submitted is identified as Dollar Tree SKU #815573 “Mesh Laundry Bag”, (Bajer item 5661). The item is a generic tote bag similar to a shopping bag. It is of a kind similar to the “travel, sport and similar bags” of heading 4202, Harmonized Tariff System of the United States, Annotated (HTSUSA). It is manufactured of mesh man-made fiber textile materials. The interior is unlined with no additional features. The bag measures approximately 17”(W) x 17”(H) x 6”(D). You have stated that the top of the bag will have a drawstring closure (not included). Your sample is being returned as requested.

In your letter you suggested classification under subheading 6307.90.9889, HTSUSA, which provides for other made up articles of textile, other. However, item SKU #815573 is not classifiable as a laundry bag. Section XI, wherein goods of heading 6307 are classified,, is limited by Legal Note 1(l) that excludes textile goods of heading 4202,HTSUSA.. The mesh tote bag is more specifically provided for in subheading 4202.92.3031, HTSUSA, within the eo nomine provision that provides for “shopping bags”.

The applicable subheading for SKU #815573 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, of man-made fibers, other. The duty rate will be 17.8 percent ad valorem.

HTS 4202.92.3031 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


Robert B. Swierupski

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