The tariff classification of a tote bag, duffle bag, and a backpack from China

N038482 October 9, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.92.3020 Lisa R. Collier Brand Science 313 E. Meeting Street Dandridge, TN 37725 RE: The tariff classification of a tote bag, duffle bag, and a backpack from China Dear Ms. Collier: In your letter dated September 3, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested. Style 8130 is a duffle bag constructed with an outer surface of 100% man-made textile material. It is designed to provide storage, protection and portability for clothing and other personal effects during travel. The bag has a main textile-lined interior compartment with a zippered pocket and an open pocket on the same sidewall. It has a top zipper closure, double carrying handles and an adjustable removable shoulder strap with metal claw clips at each end. The front exterior has a zippered pocket along the width of the bag. Both ends of the bag have zippered pockets. The bag measures approximately 18” (W) x 14” (H) x 10” (D). Style 8755 is a backpack constructed with an outer surface of 100% polyester textile material. It is designed to provide storage, protection, organization and portability for clothing and personal effects during travel. It has a textile- lined main compartment with a zippered pocket and an open pocket on the same sidewall. The bag secures with a dual plastic zipper closure. Two adjustable straps are permanently attached to the rear exterior of the bag which enables the user to wear the bag over the shoulders and on the back. The front exterior has a flap pocket with an open pocket inside of it, and secures with a plastic snap closure. Both ends of the bag have open pockets with hook-and-loop closures. The backpack measures approximately 18” (W) x 21” (H) x 7.25” (D). Style 8752 is duffle bag constructed with an outer surface of 100% polyester textile material. It is designed to provide storage, protection, organization and portability for accessories and personal effects during travel. It has a textile- lined main compartment with a zippered pocket and an open pocket on the same sidewall. The bag secures with a dual plastic zipper closure. It has double carrying handles and an adjustable shoulder strap. The front exterior has a flap pocket that secures with a plastic snap closure. Both ends of the bag have open pockets with hook-and-loop closures. The bag measures approximately 15.5” (W) x 10” (H) x 8” (D). Style 8754 is a tote bag constructed with an outer surface of 100% polyester textile material. It is designed to provide storage, protection and portability for clothing and other personal effects during travel. It has a textile- lined main compartment with a zippered pocket and an open pocket on the same sidewall. The opposite sidewall has two open pockets with hook-and-loop closures. The bag secures with a dual plastic zipper closure. It has double carrying handles and an adjustable removable shoulder strap with plastic carabineer clips at each end. The front exterior has a flap pocket with a pocket inside of it. Both ends of the bag have open pockets with hook-and-loop closures. The duffle bag measures approximately 22” (W) x 19” (H) x 12” (D). The applicable subheading for styles 8130, 8752, 8754, 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 style 8755 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The duty rate 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 4202.92.3020 and HTSUS 4202.92.3031 fall 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. Your inquiry does not provide enough information for us to give a classification ruling on style 8136. Your request for a classification ruling should include a sample of the item. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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