The tariff classification of non-woven polypropylene tote bags, a drawstring backpack, and an insulated tote bag from China

N215226 May 24, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.0807, 4202.92.3020, 4202.92.3031, 9902.40.01 Jennifer Scott Expeditors 21318 64th Avenue South Kent, WA 98032 RE: The tariff classification of non-woven polypropylene tote bags, a drawstring backpack, and an insulated tote bag from China Dear Ms. Scott: In your letter dated April 19, 2012, you requested a tariff classification ruling on behalf of your client, Sanmar Corporation. Your samples will be returned to you. Style B162 is a mini-tote bag constructed with an outer surface of 100% non-woven polypropylene textile material. The construction is considered to be man-made textile for tariff purposes. It is designed to provide storage, protection, portability, and organization to personal effects during travel. The bag has an unlined storage compartment, an open top, and two carrying handles. It is of a durable construction, suitable for repetitive use, and measures approximately 8.5” (W) x 11” (H) x 3.75” (D). Style B157 is a drawstring backpack constructed with an outer surface of 100% non-woven polypropylene textile material. The pack is designed to provide storage, protection, organization and portability to accessories and personal effects during travel. It has an unlined storage compartment and no additional features. The pack has an opening at the top that secures when two sets of drawstring cords are pulled tight. The same drawstring cords extend to the rear exterior of the pack and allow the user to wear the pack over the shoulders and on the back. It measures approximately 14” (W) x 16” (H). Style B156 is a tote bag constructed with an outer surface of 100% non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to personal effects during travel. The bag has an unlined storage compartment, an open top, and two carrying handles. It is of a durable construction, suitable for repetitive use, and measures approximately 15.5” (W) x 15” (H). Style B163 is a tote bag constructed with an outer surface of 100% non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to groceries and personal effects during travel. The bag has an unlined storage compartment with no additional features, an open top, and two carrying handles. It is of a durable construction, suitable for repetitive use, and measures approximately 16” (W) x 12” (H) x 6” (D). Style B161 is an insulated tote bag constructed with an outer surface of non-woven polypropylene textile material. It is designed to provide storage, protection, organization, and portability to food and beverages during travel. The bag is also designed to maintain the temperature of food and beverages. The bag has a main compartment with foam insulation between the outer surface material and the interior lining. The bag has a zipper closure at the top and two carrying handles. It measures approximately 13” (W) x 15.5” (H) x 10” (D). The applicable subheading for all B162, B156, and B163 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. The applicable subheading for style B157 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The general duty of rate will be 17.6 percent ad valorem. The applicable subheading for style B161 will be 4202.92.0807, HTSUS, which provides for insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers. The general rate of duty is 7% ad valorem. With regard to the applicable rate of duty, styles B162, B156, and B163 are also provided for in HTSUS Heading 9902. 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). These styles meet the prerequisites of this tariff provision. Accordingly, these styles are entitled to beneficial treatment under subheading 9902.40.01. The rate of duty is free. 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