CLA-2-42:OT:RR:NC:N3:341

Martha De Castro
Bed Bath & Beyond
650 Liberty Avenue
Union, NJ 08083

RE: The tariff classification of a tote bag with speaker from China

Dear Ms. De Castro:

In your letter dated August 29, 2008 you requested a classification ruling. The sample which you submitted is being returned as requested.

Style 08H0334-4.2 is a tote bag constructed with an outer surface of polyester textile material. The bag is designed to provide storage, protection, portability, and organization to clothing and other personal effects during travel. It has a textile-lined main compartment, an open top with a magnetic closure, and double carrying handles. The front exterior has two pockets that hold mini speakers which connect to wires and lead to an amplifier housed in a pocket inside the bag. The speakers are built into the bag and cannot be removed. The amplifier has a connection that can be plugged into a media device, such as, an iPod. The rear exterior of the bag has three open pockets. The bag measures approximately 16” (W) x 16” (H) x 5.5” (D).

The applicable subheading for style 08H0334-4.2 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 materials, other, of man-made fibers, other. The rate of duty 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/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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