The tariff classification of non-woven polypropylene bags from China

N048668 February 4, 2009 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.9026, 4202.92.3031 Kelly B. Price Infinity Global Packaging 501 Bridge Street Danville, VA 24541 RE: The tariff classification of non-woven polypropylene bags from China Dear Ms. Price: In your letter dated January 6, 2009 you requested a tariff classification ruling. The samples which you submitted are being returned to you. Style 1-“Wine tote” is constructed with an outer surface of non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to its contents. The interior is divided into four individual sections for wine bottles. The bag has a reinforced bottom, is of a durable construction and suitable for prolonged use. The bag has an open top and double carrying handles. It measures approximately 7” (W) x 12.5” (H) x 6.5” (D). Style 2-“Large tote” is a shopping-style tote bag constructed with an outer surface of non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to its contents. It has an unlined main compartment with no additional features. The bag has an open top and double carrying handles. The tote bag has a reinforced bottom, is of a durable construction and suitable for prolonged use. It measures approximately 13” (W) x 14” (H) x 7” (D). In your ruling request letter, you suggest subheading 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics: sacks and bag (including cones), of other plastics. The bags are made of non woven polypropylene spun bonded fabric, which is a textile material, and not plastics. Moreover, legal note 2(m) to Chapter 39 precludes articles of heading 4202 from classification in any of the provisions of chapter 39. The applicable subheading for the wine bottle tote bag will be 4202.92.9026, HTSUS, which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6% ad valorem. The applicable subheading for the shopping-style tote bag 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/. 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