The tariff classification of a merchandise bag and tote bags from China and India

N250199 March 4, 2014 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4819.40.0040, 4202.92.3031, 4202.92.4500, 4202.92.2000 James Trubits Mohawk Global Logistics 4700 Genesee Street, Suite 108 Cheektowaga, NY 14225 RE: The tariff classification of a merchandise bag and tote bags from China and India Dear Mr. Trubits: In your letter dated January 31, 2014, you requested a tariff classification ruling. You have submitted samples, which we are returning to you. The style you refer to as “Sample 1” is a merchandise bag constructed with an outer surface of heavy glossy paper. On the front of the bag there are printed words and a picture of a bird. On the back of the bag is the wording “PAPYRUS the joy of everyday.” The bag has a plastic lamination on all sides and two carrying handles. A rectangular liner of paperboard reinforces the bottom of the bag. The bag folds flat and when opened, measures approximately 8” (W) x 10” (H) x 4.6” (D). The style you refer to as “Sample 2” is a reusable shopping-style tote bag constructed with an outer surface of non-woven polypropylene textile material. This construction is considered to be man-made textile material 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 an unlined interior. It measure approximately 13” (W) x 13.5” (H) x 4.6” (D). The bag is of a durable construction and suitable for repetitive use. The style you refer to as “Sample 3” is a reusable shopping-style tote bag constructed of non-woven polypropylene textile material that is coated on the outer surface with a sheeting of plastic. The constituent outer surface material of the bag is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to personal effects during travel. The bag features an open top without a closure, two carrying handles, and an unlined interior. It measure approximately 17” (W) x 12” (H) x 5.5” (D). The bag is of a durable construction and suitable for repetitive use. The style you refer to as “Sample 4” is a reusable shopping-style tote bag constructed of a textile material that you state is jute. It is not of a pile or tufted construction. 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 an unlined interior. It measure approximately 16.75” (W) x 13” (H) x 7” (D). The bag is of a durable construction and suitable for repetitive use. The applicable subheading for Sample 1 will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: other sacks and bags, including cones: other. The rate of duty will be Free. The applicable subheading for Sample 2 will be 4202.92.3031, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem. The applicable subheading for Sample 3 will be 4202.92.4500, 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 Sample 4 will be 4202.92.2000, 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, other. The rate of duty will be 5.7 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. For questions specifically on the merchandise bag, please contact National Import Specialist Albert Gamble at (646) 733-3037. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division