The tariff classification of shopping bags from China

N030918 June 24, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Corey Klestadt Trans-World Shipping Corp. 75 Maiden Lane, Suite 903 New York, N.Y. 10038 RE: The tariff classification of shopping bags from China Dear Mr. Klestadt: In your letter dated June 12, 2008 on behalf of Two’s Company, Inc., you requested a classification ruling. The samples which you submitted are being returned as requested. Item 3324 is comprised of three shopping bags. Each shopping bag has a different design on the front exterior such as a skull, a monster face, or an eyeball. The back exterior of the bags are embroidered with the words “Happy Halloween.” The bags are constructed with an outer surface of 100% polyester material. Each bag has a single carrying handle, an open top, and an unlined main compartment with no additional features. The shopping bags are designed to provide the useful functions of storage, protection, organization and portability to candy, toys, and other personal effects during travel. The bags also feature a built-in battery powered lights that illuminates the bags when a button is pressed. Each bag measures approximately 9.5” (W) x 11.75” (H) x 0.25” (D). They are suitable for repetitive reuse. The shopping bags and battery powered lights form composite goods. The essential character is imparted by the shopping bag. In your letter, you suggest classification under 9505.90.6000 Harmonized Tariff Schedule of the United States (HTSUS). The shopping bags provide the useful functions of storage, protection, organization and portability that are common to the goods of Heading 4202. Utilitarian articles are excluded from classification as festive articles in Chapter 95 by Note 95(v). The applicable subheading for the carrying 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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