The tariff classification of collapsible shopping tote from China

N062484 June 26, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Robert Doyle Affiliated Customs Brokers Limited 411, rue des Recollets Montreal, Quebec H2Y IW3 RE: The tariff classification of collapsible shopping tote from China Dear Mr. Doyle: In your letter dated May 19, 2009, you requested a tariff classification ruling, on behalf of your client, Groupe International Travelway, Inc. Your sample is being returned to you. You referred to the sample as a “Shopping Panier” (style H0813). The item is a collapsible shopping tote. It is constructed of a 100% polyester textile fabric body, two rigid plastic inserts at the bottom to facilitate folding, an aluminum folding frame with steel mountings and an aluminum handle with rubber cushioning. The body of the shopping tote is attached to the aluminum frame by means of hook-and-loop strips. It is designed to provide storage, protection, portability, and organization to clothing, foods, sundry articles or other personal effects during travel. The shopping tote is collapsible and folds down for easy storage when not in use. It measures approximately 18.5” (L) x 10” (H) x 11” (W) when opened. In your letter, you suggest subheading 6307.90.9889 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles of textile, other. However, style H0813 is not classifiable as an article of textile. 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 shopping tote is more specifically provided for in subheading 4202.92.3031, HTSUS, within the eo nomine provision that provides for "shopping bags.” The applicable subheading for style H0813 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 * at (646) 733-*. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division