The tariff classification of a tote bag from China

PD D85146 December 14, 1998 CLA-2-42:1B:CO:G07 D85146 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Ms. Sonya Clarke Bath & Body Works 7 Limited Parkway East Reynoldsburg, Ohio 43068 RE: The tariff classification of a tote bag from China Dear Ms. Clarke: In your letter dated November 18, 1998, you requested a tariff classification ruling. A sample was submitted for our examination. The sample submitted, style #10064-P, is a tote bag with an outer surface of polyvinyl chloride (PVC). It measures approximately 12½ x 14 x 5 inches with a single snap at the top which offers some security to the contents. It also features a secured interior compartment and double carrying straps. Your sample is herein returned. The applicable subheading for the tote bag, style #10064-P, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for: Travel, sports and similar bags: With outer surface of sheeting of plastic: Other. The rate of duty will be 20% ad valorem. May we direct your attention to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), which may provide that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The article at issue is not in compliance with the referenced statute. 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. Sincerely, Jon A. Batt Port Director Detroit, Michigan