The tariff classification of a tote bag from China and/or Taiwan

PD C82092 January 13, 1998 CLA-2.1B:FO:G07 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Mr. David A. Eisen Siegel, Mandell & Davidson, P.C. One Astor Plaza 1515 Broadway, 43rd Floor New York, New York, 10036-8901 RE: The tariff classification of a tote bag from China and/or Taiwan Dear Mr. Eisen: In your letter dated December 31, 1997, you requested a tariff classification opinion on behalf of Avon Products, Incorporated. A sample was submitted for our examination. The submitted sample, PP169506 "South Seas Reversible tote," is a reversible tote bag with a detachable pouch. The tote bag measures approximately 18 x 14 inches, with a textile carrying strap. The tote bag has one side constructed of a 55% ramie/45% cotton woven floral fabric. The reverse side is composed of 100% vinyl. There are no interior compartments and the top is unsecured. The detachable pouch attaches to thee bag with a metal spring clasp. It measures approximately 11 x 6 inches with a zippered closure. The outer surface is 100% vinyl. Your sample is herein returned. The applicable subheading for the tote bag and detachable pouch will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags with outer surface of sheeting plastic; other. The rate of duty will be 20% ad valorem. May we direct your attention to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container), will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The tote bag and detachable pouch are not marked in accordance with the referenced statute. 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, Jon A. Batt Port Director Detroit, Michigan