The tariff classification of a tote bag from China

N078692 October 29, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Emilio Medina K.C. Burdette Company, Inc. 1201 Corbin Street, 3rd Floor Elizabeth, NJ 07201 RE: The tariff classification of a tote bag from China Dear Mr. Medina: In your letter dated September 30, 2009, you requested a tariff classification ruling on behalf of your client, Poly Pak Industries, Inc. Your sample is being returned to you. The item you refer to as the “Hanger Hamper” is a tote bag that is triangular in shape. It is constructed of 100% non-woven polypropylene (PP) textile 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, wire hangers, or personal effects during travel. The tote bag is of a durable construction and suitable for prolonged use. It measures approximately 18” (W) x 14” (H) x 10” (D). In your ruling request you suggested classification of the tote bag under 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other textile articles. However, the tote is specifically provided for in heading 4202, HTSUS. The applicable subheading for the “Hanger Hamper” 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. 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