The tariff classification of tote bags from China

N038824 October 6, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Troy Crago Atico International, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of tote bags from China Dear Mr. Crago: In your letter dated September 12, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested. Style A079FA02458 is a tote bag constructed with an outer surface of man-made textile material. It is intended to provide the useful functions of storage, protection, organization and portability to candy or personal effects during travel. It has a main compartment with no additional features. The front of the bag has photo holder pockets in the shape of the letters that spell out the word “BOO.” The bag has an open top and double carrying handles. It measures approximately 10” (W) x 11.5” (H) x 4” (D). Style A079FA02459 is comprised of three Halloween trick or treat tote bags each with a different design on the front exterior. Each bag is constructed with an outer surface of man-made textile material. They are intended to provide the useful functions of storage, protection, organization and portability to candy, and other personal effects during travel. Each bag has a main compartment with no additional features. The bags have open tops and double carrying handles. They measure approximately 10” (W) x 11.5” (H) x 4” (D). The applicable subheading for styles A079FA02458 and A079FA02459 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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