CLA-2-42:OT:RR:NC:N3:341
Lisa R. Collier
Brand Science LLC
313 E. Meeting Street
Dandridge, TN 37725
RE: The tariff classification of toiletry bags from China
Dear Ms. Collier:
In your letter dated September 3, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested.
Style 8126 is a double tiered toiletry bag constructed with an outer surface of 100% man-made textile material. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. Each tier has a textile-lined compartment with no additional features and each secures with a zipper closure. It measures approximately 9.25” (W) x 7” (H).
Style 8131 is a triple tiered toiletry bag constructed with an outer surface of 100% man-made textile material. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. Each tier has a textile-lined compartment with no additional features and each secures with a zipper closure. It measures approximately 10.5” (W) x 8” (H).
Style 8134 is a hanging toiletry bag constructed with an outer surface of 100% man-made textile material. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. When unfolded, the interior of the bag has two zippered pockets and a textile-lined main compartment with a zipper closure. When folded, the bag secures with an adjustable snap closure. It measures approximately 9.5” (W) x 6” (H) x 4.5” (D), when folded.
In your letter, for style 8134, you suggest classification under subheading 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS) which provides, in part, for other containers, with an outer surface of textile materials or of sheeting of plastics, other. Pursuant to GRI 1, goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes under the heading that most specifically describes them. The toiletry bag is more specifically provided for within subheading 4202.92.3031, HTSUS.
Style 7219 is a toiletry bag, cylindrical-shaped, and constructed with an outer surface of 100% man-made textile material. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. The interior is textile-lined with mesh pockets that are separated into individual sections. The bag has a zipper closure at one end and a top carrying handle. It measures approximately 7.25” (L) x 2” in diameter.
The applicable subheading for styles 8126, 8131, 8134, 7219 will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, 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/.
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