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NY N026473

April 24, 2008



TARIFF NO.: 4202.92.9026

Ms. Mary Morgan
Costco Wholesale Corporation
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of wine bottle bags from China

Dear Ms. Morgan:

In your letter dated April 16, 2008, you requested a classification ruling. The samples which you submitted are being returned as requested.

You have submitted ten versions of item 715181, which are wine bottle bags constructed with an outer surface of man-made textile materials. Each bag is deigned to provide storage, protection, portability, and organization to its contents. They are all of a durable construction and suitable for prolonged reuse. Each bag is basically the same except for variations in color or decorative embroidery.

In your letter you suggested classification under subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles of textile, other. However, the gift bags are more specifically provided for in 4202, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the wine bags will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty 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/.

HTSUS 4202.92.9026 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.


Robert B. Swierupski

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