The tariff classification of a shopping bag from China

N034428 August 20, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Benjamin M. Bidwell C.H. Robinson Worldwide, Inc. 5343 West Imperial Highway, Suite 850 Los Angeles, CA 90045-6241 RE: The tariff classification of a shopping bag from China Dear Mr. Bidwell: In your letter dated July 23, 2008 on behalf of Vertical Branding, Inc., you requested a classification ruling. The sample which you submitted is being retained by our office. A style number was not provided with the submitted sample. It is a shopping bag that will be imported packaged ready for retail sale with a drawstring pouch. The bag and pouch are both wholly constructed of nylon textile material. The bag has an open top, an unlined interior compartment, and double carrying handles. It is designed to contain personal effects and accessories during travel. The shopping bag measures approximately 17” (W) x 17” (H). The bag is designed for repetitive use. The shopping bag and pouch are considered to be a set for tariff purposes and will be classified accordingly. The shopping bag imparts the essential character of the set. In your ruling request you stated that the shopping bag will also be imported in sets of six together with one drawstring pouch ready for retail sale. That configuration will also be considered a set for tariff purposes with the essential character being imparted by the shopping bags. In your letter, you suggest classification under tariff number 6307.90.9889 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. However, the shopping bag is of a kind eo nomine provided for in HTSUS 4202. Therefore, it is more specifically provided in that heading. Classification is subject to application of GRI 1 which requires that imported goods be classified within the most specific provision according to the Section and Chapter Notes. The applicable subheading for the shopping bag will be 4202.92.3031, HTSUS, 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. 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