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NY N024357




March 28, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.1500, 4202.92.4500

Robert E. Haspray
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY12979

RE: The tariff classification of shopping style tote bags from China

Dear Mr. Haspray:

In your letter dated February 29, 2008 on behalf of Duro Bag Manufacturing, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style A and style B are shopping-style tote bags constructed with an outer surface of non-woven polypropylene textile material. The interior of each bag is unlined and consists of a single compartment with no additional features. Both bags have open tops and double carrying handles. They are designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bags are of a durable construction and capable of repetitive use. Bag A measures approximately 13” (W) x 15” (H) x 5.75” (D). Bag B measures approximately 11.75” (W) x 14” (H) x 7.75” (D).

Style C is a shopping-style tote bag constructed with an outer surface of cotton canvas textile material. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag is of a durable construction and capable of repetitive use. Bag C measures approximately 13” (W) x 15.5” (H) x 5.75” (D).

Style D and style E are shopping-style tote bags constructed of a polypropylene material that is covered on the exterior surface with a film of plastic sheeting. The interior of each bag is unlined and consists of a single compartment with no additional features. Both bags have open tops and double carrying handles. They are designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bags are of a durable construction and capable of repetitive use. Bag D measures approximately 15” (W) x 14” (H) x 4.25” (D). Bag E measures approximately 13.25” (W) x 15.25” (H) x 6.25” (D)

The applicable subheading for styles A and B will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem.

The applicable subheading for style C will be 4202.92.1500, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for styles D and E will be 4202.92.4500, HTSUS, which provides for travel, sport and similar bags, with outer surface of sheeting of plastic or of plastic sheeting, other. The rate of duty 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 4202.92.1500 falls within textile category 369. 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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