The tariff classification of garment bags

N026334 April 22, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031 James Caffentzis Fitch, King and Caffentzis 250 Moonachie Road 5th Floor Moonachie, N.J. 07074 RE: The tariff classification of garment bags Dear Mr. Caffentzis: In your letter dated Aril 9, 2008 on behalf of Keenpac North America, Inc., you requested a classification ruling. The samples which you submitted are being retained by this office. The item you refer to as Sample 1 is a garment bag constructed wholly of non-woven polypropylene man-made fiber textile material. The garment bag is designed to provide storage, protection, organization and portability for garments. The bag has a zipper running down the center of the bag with an opening at the top through which a hanger can be placed. The bag can be folded over and carried by a webbed carrying handles at either end. It measures approximately 24” (W) x 72” (L) x 3.5 (D). The bag is durably constructed and suitable for prolonged reuse. The item you refer to as Sample 2 is a garment bag constructed wholly of non-woven polypropylene man-made fiber textile material. The garment bag is designed to provide storage, protection, organization and portability for garments. The bag has a zipper running down the center of the bag with an opening at the top through which a hanger can be placed. It measures approximately 24” (W) x 52” (L). The bag is durably constructed and suitable for prolonged reuse. In your letter, you suggest classification in subheading 6307.90.9889 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles of textile, other. However, Sample 1 and 2 are not classifiable as an article of textile. Section XI, wherein goods of heading 6307 are classified, is limited by Legal Note 1(l) that excludes textile goods of heading 4202, HTSUS. The garment bags are more specifically provided for in subheading 4202.92.3031, HTSUS, within the eo nomine provision that provides for "traveling bags". The applicable subheading for the garment bags will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 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 4202.92.3031 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, National Commodity Specialist Division