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NY N012750




July 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Richard Shier
Sharic Industries
P.O. Box 565 Cote St-Luc
Quebec, Canada H4V-2Z2

RE: The tariff classification of garment bag from China

Dear Mr. Shier:

In your letter dated June 5, 2007, you requested a classification ruling. Your sample will be returned as requested.

The item is a garment bag wholly of non-woven polypropylene man-made fiber textile material. The garment bag is designed to provide storage, protection, organization and portability for garments. The bag has a zipper running down the center of the bag with an opening at the top through which a hanger can be placed. The bag can be folded over and carried by a loop on either end. It measures approximately 40” (L) X 23” (W).

You suggest classification in subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of other plastics. The bag is made of non woven polypropylene spun bonded fabric, which is a textile material, and not plastics. Moreover, legal note 2(m) to Chapter 39 precludes articles of heading 4202 from classification in any of the provisions of chapter 39.

The applicable subheading for the garment 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 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 4202.92.3031 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

Sincerely,

Robert B. Swierupski
Director,

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