The tariff classification of shopping-style tote bag and non-insulated lunch bag from China

N050215 February 25, 2009 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Gene Scibelli Overton Custom House Brokers 2016 Linden Bouvelard Elmont, N.Y. 11003 RE: The tariff classification of shopping-style tote bag and non-insulated lunch bag from China Dear Mr. Scibelli: In your letter dated January, 27, 2009 on behalf of TriCoastal Design Company, you requested a tariff classification ruling. The samples which you submitted are being retained by this office. The sample referred to as the Eco tote bag is a shopping-style tote bag constructed of a non-woven polypropylene textile material laminated on the outer surface with plastic sheeting. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The shopping bag is of a durable construction and suitable for repetitive use. It measures approximately 14” (W) x 15.5” (H) x 7.5” (D). The sample referred to as the Eco lunch bag is non-insulated and constructed of a non-woven polypropylene textile material laminated on the outer surface with plastic sheeting. It is designed to provide storage, protection, portability, and protection to food, snacks or other personal effects during travel. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. The bag is of durable construction and suitable for repetitive use. It measures approximately 8” (W) x 10” (H) x 5” (D). You have suggested classification within subheading 3923.29, Harmonized Tariff Schedule of the United States (HTSUS). However, classification within heading 3929 is subject to Chapter 39, Legal Note 2(m), which excludes from Chapter 39 goods that are classifiable in heading 4202, HTSUS. You have also suggested classification within subheading 6307.90, HTSUS. However, Section XI, wherein goods of heading 6307 are classified, is limited by Legal Note 1(l) that excludes textile goods of heading 4202, HTSUS. The applicable subheading for the tote bag and the non-insulated lunch bag will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20 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