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NY L82012

January 26, 2005

CLA-2-42:RR:NC:3:341 L82012


TARIFF NO.: 4202.12.2035

Ms.Jean Hillan
Innovative Kids
Div. of Innovative USA
18 Ann Street
Norwalk, CT 06854

RE: The tariff classification of a carrying bag of plastic sheeting from China

Dear Ms. Hillan:

In your letter dated January 7,2005 you requested a tariff classification ruling.

A sample of a carrying bag of a kind similar to a small briefcase or portfolio has been submitted. The bag is wholly made-up of panels of clear Polyvinyl Chloride (PVC) sheeting of plastic and woven fabric edging. The bag has double top handles of woven fabric and a top zipper closure. It measures approximately 11.5”x9.5”x2”. The plastic sheeting is approximately 8 MIL thick. The sample will be returned as requested.

You have indicated that the carrying bag will alternatively be imported and presented empty or containing workbooks and stickers.

The applicable subheading for the carrying bag of plastic sheeting, if presented empty, will be 4202.12. 2035, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, briefcases. school satchels and similar containers, with outer surface of plastics, other. The rate of duty will be 20 percent ad valorem.

We are unable to provide a classification decision if presented containing the workbooks and stickers. We need the following additional information:

A sample of the whole article in the condition as imported and as sold at retail. A breakdown of the Fob cost per component.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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
National Commodity

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