The tariff classification of tote bags from China

N306773 November 13, 2019 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3131; 9903.88.03 Ms. Angela Davis Foot Locker Retail, Inc. 3543 Simpson Ferry Road Camp Hill, PA 17011 RE: The tariff classification of tote bags from China Dear Ms. Davis: In your letter dated September 30, 2019, you requested a tariff classification ruling. You have submitted samples, which will be returned to you under separate cover. The submitted samples, style number GHBAG01, are tote bags constructed with an outer surface of a man-made textile. The tote bags are designed to provide storage, protection, portability, and organization to personal effects during travel. Each article features one adjustable textile strap with a plastic snap closure that allows the two bags to be connected and worn over the user’s upper body allowing for hands-free transport of the personal effects contained in each tote bag. The bags can be used separately or together for extra storage capacity. The tote bags is not worn for comfort, decency, adornment, or protection against the elements. This merchandise, therefore, cannot be considered a garment and is not classifiable in Heading 6211. The applicable subheading for tote bags will be 4202.92.3131, 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. The general rate of duty is 17.6 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4202.92.3131, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4202.92.3131, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 https://hts.usitc.gov/current. 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 vikki.lazaro@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division