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NY L83503





March 31, 2005

CLA-2-42:RR:NC:TA:341 L83503

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a trick or treat bag from China.

Dear Mr. Hoffacker:

In your letter dated March 21, 2005, on behalf of Big Lots Stores, Inc., you requested a classification ruling for a trick or treat bag.

The sample submitted is identified as item 60055-1, “Giant Halloween Treat Sack”. The item is a Halloween trick or treat bag. It is wholly made up of man-made fiber textile materials. The useful functions of storage, protection, organization and portability are greater than any decorative value the item may have. The bag measures approximately 19”(W) x 30”(H). It is secured by means of a top braided drawstring closure. Your sample is being returned as requested.

The applicable subheading for item 60055-1 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), 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.

HTS 4202.92.3031 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 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.

Sincerely,

Robert B. Swierupski
Director,

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