The tariff classification of shopping-style tote bags from China

N164841 June 7, 2011 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 9902.40.01 Victor Truong Schenker of Canada Limited 6555 Northwest Drive Mississauga, Ontario L4V 1K2 RE: The tariff classification of shopping-style tote bags from China Dear Mr. Truong: In your letter dated May 5, 2011, you requested a tariff classification ruling on behalf of your client, Instore Products Limited. Your sample will be returned to you. The style you refer to as “Bring Your Own Bag” (BYOB) is a reusable shopping-style tote bag constructed of non-woven polypropylene textile material. This construction is considered to be man-made textile. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features an open top without any form of closure, two carrying handles and the interior is unlined. It is of a durable construction and suitable for repetitive use. The shopping-style tote bag measures approximately 11.5” (W) x 13.5” (H) x 8.5” (D). The style you refer to as the “Collapsible Box Bag” is a reusable shopping-style tote bag constructed of non-woven polypropylene textile material. This construction is considered to be man-made textile. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features a reinforced bottom with one side sewn into a seam which allows the bag to fold flat in the collapsed position. It has an open top without any form of closure, two webbed carrying handles and the interior is unlined. Both side ends have webbed straps for lifting and carrying. It is of a durable construction and suitable for repetitive use. The shopping-style tote bag measures approximately 14.5” (W) x 11” (H) x 10.5” (D) when open. The applicable subheading for both styles of the shopping-style tote bag 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 material, other, other, of man-made fibers, other. The general rate of duty will be 17.6% ad valorem. With regard to the applicable rate of duty, the subject shopping-style tote bags are also provided for in Heading 9902, HTSUS. By virtue of legislative action, subheading 9902.40.01 provides for a temporary reduction in the rate of duty for shopping bags with an outer surface of spun bonded polypropylene fabric or non woven polypropylene fabric (provided for in subheading 4202.92.30). The subject shopping bags met the prerequisites of this tariff provision. Accordingly, the bags are entitled to duty free treatment under subheading 9902.40.01. 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