The tariff classification of a tote bag from China

PD B89654 September 24, 1997 CLA-2-42-NO:CO:FNIS D09 CATEGORY : Classification TARIFF NO.: 4202.92.1500 Michael Utchell, LCB Schenker International 10601 NW Ambassador Drive, Suite F Kansas City, MO 64153 RE: The tariff classification of a tote bag from China Dear Mr. Utchell: In your letter received by the Customs Information Exchange on September 16, 1997, you requested a tariff classification ruling on behalf of your client, ACI International, Inc. You submitted one sample which is an open denim bag meausring approximately 10 x 7 x 5 inches with canvas handles and a covered piece of cardboard affixed to the bottom of the bag. You state the item is called a "Teacher's Appreciation Tote Bag," with the intention of it being used as a lunch bag. We note that the submitted sample is not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the tote bag would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit." The applicable subheading for the above bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile material, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.9 percent. Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. 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. Sincerely, Allen H. Paterson Port Director New Orleans, LA