The tariff classification of non-woven polypropylene shopping tote bags from China

N204301 March 9, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Maria E. Celis Neville Peterson, LLP 17 State Street, 19th Floor New York, NY 10004 RE: The tariff classification of non-woven polypropylene shopping tote bags from China Dear Ms. Celis: In your letter dated February 9, 2012, you requested a tariff classification ruling on behalf of your client, Fiberlinks Textiles, Inc. Your samples will be returned to you. The style you refer to as “Veggie Trio” is a shopping-style tote bag constructed of non-woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The outer surface constituent material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features an open top and two carrying handles. It is unlined and measures approximately 12.5” (W) x 16” (H) x 6” (D). The bag is of a durable construction and suitable for repetitive use. Style GEB12138/PB11 is a shopping-style tote bag constructed of non-woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The outer surface constituent material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features an open top and two carrying handles. It is unlined and measures approximately 12.5” (W) x 13” (H) x 8.5” (D). The bag is of a durable construction and suitable for repetitive use. Style GEB13149/ABO is a shopping-style tote bag constructed of non-woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The outer surface constituent material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features an open top and two carrying handles. It is unlined and measures approximately 14” (W) x 13” (H) x 9” (D). The bag is of a durable construction and suitable for repetitive use. Style GEB14146/BP is a shopping-style tote bag constructed of non-woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The outer surface constituent material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. The bag features an open top and two carrying handles. It is unlined and measures approximately 14” (W) x 14” (H) x 6” (D). The bag is of a durable construction and suitable for repetitive use. In your ruling request, you recommended classification of the shopping-style tote bags under subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS) which provides for other made up textile articles, other. However, the submitted samples are suitable for continuous use and are 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-style tote bags are more specifically provided for in subheading 4202.92. HTSUS, within the eo nomine provision that provides for "travel bags". Therefore, they are more appropriately classifiable in heading 4202, HTSUS. The applicable subheading for all styles of shopping-style tote bags will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of plastic sheeting or of textile materials, 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, Thomas J. Russo Director National Commodity Specialist Division