The tariff classification of a non-woven polypropylene tote bag from China

N202558 February 29, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 9902.40.01 Robert Doyle Affiliated Customs Brokers Limited Global Logistics, Customs & Trade Services Group 411. rue des Rècollets Montrèal, Quèbec Canada H2Y 1W3 RE: The tariff classification of a non-woven polypropylene tote bag from China Dear Mr. Doyle: In your letter dated January 31, 2012, you requested a tariff classification ruling on behalf of your client, Travelway Group International, Inc. Style H1034 is a shopping-style tote bag constructed of non-woven polypropylene textile material. This construction is considered to be a man-made textile for tariff purposes. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects during travel. The bag features an open top without a closure, two carrying handles and a textile-lined interior. The bag’s four side panels and bottom panel are reinforced with 2 millimeter thick boards that are covered with polypropylene material. The bottom panel flips up so that the bag can be folded when not in use. It is of a durable construction, suitable for repetitive use, and measures approximately 10” (W) x 11” (H) x 11” (D). The applicable subheading for the tote bag 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. With regard to the applicable rate of duty, the subject shopping-style tote bag is also provided for in Heading 9902, HTSUS. 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). The subject shopping bag met the prerequisites of this tariff provision. Accordingly, the bag is entitled to duty free treatment under subheading 9902.40.01. 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