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NY M86704

October 19, 2006

CLA-2-42:RR:NC:N3:341 M86704


TARIFF NO.: 4202.22.8050, 4202.92.4500

Christy Miller
Custom Specialist
Nike, Inc.
One Bowerman Drive
Beaverton, Oregon 97005-6453

RE: The tariff classification of bags from China

Dear Ms. Miller:

In your letter dated September 14, 2006, you requested a tariff classification ruling. You submitted samples of a handbag and a tote bag. This office is retaining the bags as official samples.

Style #BA2175 (Heritage LX Clutch) is constructed with an outer surface of 100% nylon. It features two carrying handles, a full zip center opening, an inside cell phone pocket, a small zippered pocket, and a woven textile lining.

The applicable subheading for the handbag will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, with outer surface of textile materials, other, other, other, of man-made fibers. The rate of duty will be 17.6% ad valorem.

Style #BA2185 (Raceway Tote) is made-up of 100% polyester fabric coated with polyurethane. The bag has a center top zippered opening and two carrying handles. On the front panel of the bag there are two pockets with snap closures. The inside of the bag features a zippered pocket and three pouch pockets.

In your request, you suggest classification of style #BA2185 under 4202.92.3031, HTSUS, which provides for travel bags with an outer surface of textile materials. The fabric of this style has a coating of polyurethane on the outer surface. Therefore, the outer surface is of a sheeting of plastics and the item is classified as such.

The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for travel, sport and similar bags, with outer surface of textile materials or of sheeting of plastic, other. The duty rate will be 20 percent ad valorem.

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 4202.92.4500 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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 Vikki Lazaro at 646-733-3041.


Robert B. Swierupski

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