The tariff classification of duffle bag from China

PD C88348 June 4, 1998 CLA-2-42-NO:CO:FNIS D09 CATEGORY : Classification TARIFF NO.: 4202.92.1500 Ms. Luisa Melendez Import Logistics/Customs Manager EKCO Housewares, Inc. 9234 West Belmont Avenue Franklin Park, IL 60131-2808 RE: The tariff classification of duffle bag from China Dear Ms. Melendez: In your letter dated May 18, 1998 you requested a tariff classification ruling on a duffel style travel bag. You submitted one sample which has no style number. You state that the sample will be a part of your new laundry line. The bag has an outer surface of 100 percent cotton fabric, and measures 18" x 33". It features a round bottom with a drawstring closure and shoulder strap. 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 6.8 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. 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 article 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." 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