CLA-2-42:OT:RR:NC:N4:441
Henry Cassmeyer
Phoenix International Freight Services, Ltd.
10801 North Pomona Avenue
Kansas City, MO 64153
RE: The tariff classification of a travel bag from China
Dear Mr. Cassmeyer:
In your letter dated January 7, 2011, you requested a tariff classification ruling on behalf of your client, Gerson Company. Your sample will be returned to you.
Your sample was submitted without a style number. The item is a novelty travel bag in the shape of a hairy spider. A light is incorporated into the bag which causes decorative eyes to light up when a switch located in the carrying handle is turned on. The principal use of the bag is to provide storage, protection, organization and portability for foodstuffs and other personal effects. The bag is capable of prolonged use. It measures approximately 7.5” in diameter x 8” (H).
You suggested in your letter that the bag could possibly be classified as a festive article. However, it is a utilitarian bag akin to the articles of Heading 4202, Harmonized Tariff Schedule of the United States (HTSUS). Note 1(d) to Chapter 95 excludes sports bags and other containers of 4202 from classification as a festive article of Chapter 95.
The applicable subheading for the novelty bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, 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