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NY M85624

August 21, 2006

CLA-2-42:RR:NC:TA:341 M85624


TARIFF NO.: 4202.92.9026

Mr. Joseph Delahanty
Panalphina Inc.
1776 On-The-Green
67 Park Place
Morristown, NJ 07960

RE: The tariff classification of bottle bag from China and Taiwan

Dear Mr. Delahanty:

In your letter dated August 1, 2006, you requested a classification ruling for a bottle bag, on behalf of Built NY Inc. You sample is being returned as requested.

The sample submitted is identified as a wine bottle carrier. A style number was not submitted. The items are fitted bottle bags manufactured of neoprene with an exterior surface of man-made fiber textile materials. The neoprene rubber is sandwiched by knit fabric on the inner and outer surfaces. This construction is considered to be a textile fabric for tariff purposes. The bags are in the general shape and dimensions of bottles and is designed to fit three 750ml-1L bottles. It is designed for repetitive reuse as well as storage, protection, organization, and portability.

The applicable subheading for the bottle bag will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6% ad valorem.

You suggest classification in subheading 3923.29.0000, HTSUS, which provides for articles for the conveyance or packing of goods, of plastics. As an alternative, you suggest subheading 4016.99.0500, HTSUS, which provides for other articles of vulcanized rubber. As stated above, the item is of textile construction, not plastic or rubber.

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/.

HTSUS 4202.92.9026 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

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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