The tariff classification of a tote bag from China

N054076 March 27, 2009 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Dena Ayer Micra Company 167-14 146th Road Jamaica, N.Y. 11434 RE: The tariff classification of a tote bag from China Dear Ms. Ayer: In your letter dated March 9, 2009, on behalf of RTR Packaging, you requested a tariff classification ruling. The sample which you submitted is being returned as requested. The style you referred to as “Time Warner” is a tote bag constructed of non-woven polypropylene (PP) laminated on the outer surface with a sheeting of plastic. The bag is designed to provide storage, organization, protection and portability to clothing and other personal effects during travel. It has a main compartment with no additional features. It has an open top and a reinforced bottom. The bag has double webbed carrying handles and measures approximately 19.5” (W) x 17.5” (H) x 7” (D). You suggest classification in subheading 3923.29.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of other plastics. Chapter 39 legal note 2(m) precludes classification of articles that are provided for in heading 4202 from classification in any of the provisions of chapter 39. Note also that the sample is made of polypropylene in the form of non-woven textile material, not in the form of plastics. Articles made of non-woven textile material cannot be classified in any of the provisions of chapter 39. The applicable subheading for style “Time Warner” will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20% 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 '