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NY M85588

September 15, 2006

CLA-2-63:RR:NC:N3:351 M85588


TARIFF NO.: 4202.92.3031

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

RE: The tariff classification of a tote bag from China

Dear Ms. Wierbicki:

In your letters dated August 16 and August 25, 2006, you requested a tariff classification ruling on behalf of your client, Avon Products, Inc., of New York, NY.

The submitted sample is identified as a “Holiday Gift Bag.” The item is a double handle tote bag similar to a shopping bag. It is constructed wholly of polyester textile fabric. It is designed to contain personal effects and accessories during travel and is suitable for repetitive reuse. The front panel features an appliqué of a snowman.

In your letter you suggested classification under subheading 9505.10.5020, Harmonized Tariff Schedule of the United States (HTSUS) as a festive article. However, goods classifiable within heading 9505, HTSUS, are subject to Chapter 95, Legal Note 1(d) wherein other containers of heading 4202 are excluded from classification in Chapter 95. The tote bag is a form of the eo nomine provided "shopping bags" of Heading 4202. The bag is used to provide the usual storage, protection, organization and portability common to the eo nomine containers of heading 4202. Therefore, the bag is prima facie classifiable in heading 4202.

The applicable subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), 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 17.6 percent ad valorem.

HTSUS 4202.92.3031 falls within textile category designation 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 341 at 646-733-3041.


Robert B. Swierupski

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