The tariff classification of tote bags from China

N076944 October 22, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.92.4500 Kerry Layton INDesigns Global, Inc. Staples, Inc. 7500 West 110th Street Overland Park, KS 66210 RE: The tariff classification of tote bags from China Dear Mr. Layton: In your letter dated September 17, 2009, you requested a tariff classification ruling. In your letter, you described three items. However, you included four samples with your request. This ruling does not address the fourth sample not mentioned in your letter. Your samples will be returned. Item 1 is a shopping-style tote bag constructed of a non-woven polypropylene (PP) 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” (H) x 5.5” (D). Items 2 and 3 are shopping-style tote bags constructed wholly of a non-woven man-made textile material. The interior of the bags are unlined and consist of a single compartment with no additional features. The bags have open tops and double carrying handles. They are designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. Both are of a durable construction and suitable for long-term use. Item 2 measures approximately 13” (W) x 16” (H) x 7” (D). Item 3 measures approximately 12.5” (W) x 13.5” (H) x 8.5” (D). You suggested classification of all three samples under The applicable subheading for item 1 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem. The applicable subheading for items 2 and 3 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 rate of duty will be 17.6% 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