CLA-2-42:OT:RR:NC:N4:441
Karen Cuccia
ClearFreight, Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245
RE: The tariff classification of a tote bag from China
Dear Ms. Cuccia:
In your letter dated May 2, 2012, you requested a tariff classification ruling on behalf of your client, Packaging Solutions. Your sample will be returned to you.
Style 1010CLEAR is a woven polypropylene tote bag laminated on the outer surface with plastic sheeting. The constituent outer surface is the plastic sheeting. The tote bag is designed and sized to provide storage, protection, portability, and organization to personal effects. It features two handles, an unlined interior, and an open top. It measures approximately 10” (W) x 10” (H) x 5” (D).
In your letter, you suggest classification under subheading 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of man-made textile materials. Although the tote bag is woven, it has an outer surface of plastic sheeting. Additional Note 2 of Chapter 42, HTSUS, states that for the purposes of classifying articles under subheadings 4202.12, 4202.22, 4202.32, and 4202.92, articles of textile fabric impregnated, coated, covered or laminated with plastics (whether compact or cellular) shall be regarded as having an outer surface of the textile material or of plastic sheeting, depending upon whether and the extent to which the textile constituent or the plastic constituent makes up the exterior surface of the article. While it is constructed of woven polypropylene textile material, the outer-most surface of the bag is plastic sheeting.
The applicable subheading for the tote bag will be 4202.92.4500, HTSUS, which provides for travel, sports and similar bags, with outer surface of plastic sheeting or of textile materials, other. The rate of duty will be 20% 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,
Thomas J. Russo
Director
National Commodity Specialist Division