The tariff classification of tote bags, storage bags, and metal charms from China

N031564 July 24, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 3924.90.5600, 8306.29.0000 Lisa R. Collier Brand Science LLC P.O. Box 740 313 E. Meeting Street Dandridge, TN 37725 RE: The tariff classification of tote bags, storage bags, and metal charms from China Dear Ms. Collier: In your letter dated June 17, 2008 you requested a classification ruling. The samples submitted will be returned to you as requested. Style 4618 consists of a compartmentalized tote bag, a polyvinyl chloride (PVC) storage bag and a removable base metal deer charm with a small snap hook. The three pieces are not considered to be a set because they are not put together to meet a particular need or carry out a specific activity. The tote bag, storage bag, and metal deer charm are considered separate articles and are classified separately. The tote bag is constructed with an outer surface of 100% polyester textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The center of the bag has a main textile-lined zippered compartment. On both the right and left sides of the main compartment there are additional open top compartments that secure with hidden magnetic closures. One compartment has a removable snap-off zippered mesh pouch while the other compartment has a zippered pocket along the sidewall. The tote bag and mesh pouch are considered a composite good. The tote bag provides the essential character to the composite good, and as such, both items will be classified under the same tariff number. The tote bag has an adjustable shoulder strap. The rear exterior of the bag has a pocket with a metal zipper closure. Each end of the tote bag has a flap pocket that secures with hidden magnetic closures. The tote bag measures approximately 16” (W) x 13” (H) x 6” (D). The storage bag is constructed wholly of plastic sheeting material and has a drawstring closure. Its purpose is to store the tote bag when not in use. It is designed for domestic use. The deer charm is of base metal attached by a chain to a snap hook. Style 4619 consists of a tote bag, a PVC storage bag and a removable base metal deer charm with a small snap hook. The three pieces are not considered to be a set because they are not put together to meet a particular need or carry out a specific activity. The tote bag, storage bag, and metal deer charm are considered separate articles, and are classified separately. The tote bag is constructed with an outer surface of 100% polyester textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The tote bag has a main textile-lined zippered compartment. The interior of the bag has two flap pockets that secure with hidden magnetic closures, a zippered pocket, and a removable snap-off zippered mesh pouch on the sidewalls. The tote bag and mesh pouch are considered a composite good. The tote bag provides the essential character to the composite good, and as such, both items will be classified under the same tariff number. The front exterior of the bag has both a zippered pocket and a flap pocket with hidden magnetic closures. Both ends of the bag have a flap pockets that secure with hidden magnetic closures. The tote bag has double webbed carrying handles and measures approximately 14” (W) x 14.5” (H) x 11.5” (D) The storage bag is constructed wholly of plastic sheeting material and has a drawstring closure. Its purpose is to store the tote bag when not in use. It is designed for domestic use. The deer charm is of base metal attached by a chain to a snap hook. The applicable subheading for the tote bags (with removable mesh pouches) of styles 4618 and 4619 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6% ad valorem. The applicable subheading for the PVC storage bags of styles 4618 and 4619 will be 3924.90.5600, HTSUS, which provides for…other household articles and hygienic or toilet articles, of plastics: other: other. The rate of duty will be 3.4 percent ad valorem. The applicable subheading for the base metal deer charm to styles 4618 and 4619 will be 8306.29.0000 HTSUS, which provides for bells, gongs and the like, non-electric, of base metal…, statuettes and other ornaments, and parts thereof, other. The rate of duty will be free. 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