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NY N007574

March 28, 2007



TARIFF NO.: 4202.92.3031

Stella F. Henriques
Island Customs Broker
2635 Waiwai Loop, 2nd Floor
Honolulu, HI 96819

RE: The tariff classification of shopping bag

Dear Ms. Henriques:

In your letter dated February 13, 2007, you requested a classification ruling on behalf of your client, Albertsons. Your sample is being returned to you.

The sample submitted is a shopping bag said to be of 100% polypropylene non-woven fibers. We assume it is not coated in any manner. It is an open top, double-handle shopping-style tote bag designed to contain personal effects and accessories during travel. It measures approximately 12” (W) x 12.5” (H) x 8” (D).

In your ruling request, you recommended classification of the submitted item under subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS). However, the submitted sample is of a durable construction and is suitable for continuous reuse. Therefore, it is more appropriately classifiable in heading 4202.

The applicable subheading for the tote bag will be 4202.92.3031, 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% 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/.

HTS 4202.92.3031 falls within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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