The tariff classification of shopping-style tote bags from China and Vietnam

N077279 October 22, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.92.4500, 4202.92.0807, 4202.92.1500 Yolanda Landau Geodis Wilson 75 Northfield Avenue Edison, NJ 08837 RE: The tariff classification of shopping-style tote bags from China and Vietnam Dear Ms. Landau: In your letter dated Sept 22, 2009, you requested a tariff classification ruling on behalf of your client, Mettler Packaging. Your sample will be returned. Style 1 is a shopping-style tote bag constructed of woven polypropylene (PP) laminated on the outer surface with a plastic sheeting material. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, and personal effects during travel. The shopping bag is of a durable construction and suitable for repetitive use. It measures approximately 15” (W) x 14.25” (H) x 7” (D). Style 2 is a shopping-style tote bag constructed of non-woven polypropylene (PP). The interior of the bag is unlined with a reinforced bottom, and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, and personal effects during travel. The shopping bag is of a durable construction and suitable for repetitive use. It measures approximately 17” (W) x 15.5” (H) x 11” (D). Style 3 is an insulated cooler bag constructed with an outer surface of 100% non-woven polypropylene (PP) textile material. The cooler bag provides storage, protection, portability, and organization to food and beverages during travel. The bag is also designed to maintain the temperature of food and beverages. It has one interior compartment and a layer of foam plastics between the outer surface and the interior lining. The bag has a top zipper closure and double shoulder straps. It measures approximately 12.5” (W) x 14” (H) x 8” (D). Style 4 is a tote bag constructed with an outer surface of 100% cotton canvas. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, and personal effects during travel. The interior of the bag is unlined and consists of a single compartment with no additional features. It has an open top with double carrying handles and measures approximately 18” (W) x 15.5” (D) x 8” (D). Style 5 is a shopping-style tote bag with a matching pouch. Both are constructed with an outer surface of man-made textile material. For classification purposes, the tote bag and pouch are considered a set with the tote bag imparting the essential character. The interior of the bag is unlined and consists of a single compartment with no additional features. The bag has an open top and double carrying handles. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, and personal effects during travel. It is of a durable construction and suitable for long-term use. It measures approximately 11.5” (W) x 17.25” (H) x 6” (D). The applicable subheading for style 1 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem. The applicable subheading for styles 2 and 5 will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem. The applicable subheading for style 3 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 duty rate will be 7 percent ad valorem. The applicable subheading for style 4 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent 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, Robert B. Swierupski Director National Commodity Specialist Division