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NY L80867





December 29, 2004

CLA-2-42:RR:NC:TA:341 L80867

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Neil Sklar
Poly-Pak Industries
125 Spagnoli Road
Melville, NY 11747-3501

RE: The tariff classification of a carrying bag from China.

Dear Mr. Sklar:

In your letter dated December 15, 2004, you requested a tariff classification ruling for a carrying bag.

The sample submitted is not identified by style number. The item is a carrying bag wholly made up of 5 MIL sheeting of plastic. It has double shoulder straps and is designed to be worn on the back. The bag has a top drawstring closure of heavy braided cord. The bag is designed for prolonged and repetitive reuse.

The applicable subheading for the carrying bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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