The tariff classification of tote bags from China

N026938 May 23, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.1500, 4202.92.3016 Marian Clare UTC Overseas, Inc. 420 Doughty Blvd. Inwood, NY 11096 RE: The tariff classification of tote bags from China Dear Ms. Clare: In your letter dated April 7, 2008 on behalf of Access Bag-N-Pack, you requested a classification ruling. The samples which you submitted are being returned as requested. Style 39153 is a tote bag constructed with an outer surface of 100% cotton textile material. The bag is designed to provide storage, organization, protection and portability for clothing and other personal effects during travel. It has a main textile-lined interior compartment with a zippered wall pocket. The bag has an open top with a magnetic closure and two carrying handles. It measures approximately 25” (W) x 15” (H) x 4” (D). Style 84508 is a tote bag constructed with an outer surface of 100% cotton pile textile material. The bag is designed to provide storage, organization, protection and portability for clothing and other personal effects during travel. It has a main textile-lined interior compartment with no additional features. The bag has an open top with a magnetic closure and two vinyl carrying handles. The front exterior has a flap pocket with a magnetic closure. It measures approximately 14” (W) x 14” (H) x 4” (D). The applicable subheading for style 39153 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem. The applicable subheading for style 84508 will be 4202.92.3016 HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of cotton and pile or tufted construction. 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 4202.92.1500 and 4202.92.3016 fall within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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