The tariff classification of shopping-style tote bags from China

N068825 August 7, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.92.4500 Gerald J. Bresnihan Powell Global Supply Services 478 Wando Park Boulevard Mt. Pleasant, SC 29464 RE: The tariff classification of shopping-style tote bags from China Dear Mr. Bresnihan: In your letter dated July 14, 2009, you requested a tariff classification ruling on behalf of your client, Of Prime Line Packaging, Inc. In a telephone conversation you had with a member of our staff, you advised our office not to rule on style NIKKI8 because the sample submitted was incorrect. Your samples will be returned to you. Style RHS15 is a shopping-style tote bag constructed of non-woven polypropylene (PP) 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 15” (W) x 11.25” (H) x 6” (D). Style REPECHAGE25 is a shopping-style tote bag constructed of non-woven polypropylene (PP) textile material laminated on the outer surface with plastic sheeting. 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 webbed carrying handles. It is of a durable construction and suitable for prolonged use. The tote bag measures approximately 25” (W) x 16.5” (H) x 7.5” (D). The applicable subheading for style RHS15 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% ad valorem. The applicable subheading for style REPECHAGE25 will be 4202.92.4500, 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/. Your inquiry does not provide enough information for us to give a classification ruling on style TYVEK. Based on our examination, it is unclear if this sample has an outer surface of plastic sheeting. Your request for a classification ruling should include clarification on this matter. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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