CLA-2-42:OT:RR:NC:N4:441

Tirta Halim
T Customs Broker, Inc.
5777 W. Century Boulevard, Suite 965
Los Angeles, CA 90045

RE: The tariff classification of non-woven polypropylene shopping bags from China

Dear Mr. Helm:

In your letter dated November 10, 2011, you requested a tariff classification ruling on behalf of your client, TDC USA, Inc. Your samples will be returned to you.

Style 31566 is a shopping bag with the “ShopRite®” logo printed on the front and back panels. The bag is constructed of non-woven polypropylene textile material. This construction is considered to be man-made textile for tariff purposes. The outer surface constituent material is the non-woven polypropylene textile material. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects during travel. The bag has an unlined storage compartment, an open top with no means of closure, and two carrying handles. It is of a durable construction and suitable for repetitive use. It measures approximately 12” (W) x 13” (H) x 8.25” (D).

Style 09576 is a shopping bag with the “Aldi” logo printed on the front and back panels. It is constructed of non-woven polypropylene textile material. This construction is considered to be man-made textile for tariff purposes. The outer surface constituent material is the non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to groceries or other personal effects during travel. The bag has an unlined storage compartment, an open top with no means of closure, and two carrying handles. It is of a durable construction and suitable for repetitive use. It measures approximately 19” (W) x 15” (H) x 5.5” (D).

The applicable subheading for both shopping bags 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 material, other, other, of man-made fibers, other. The general rate of duty will be 17.6% ad valorem.

With regard to the applicable rate of duty, the subject shopping bags are also provided for in Heading 9902, HTSUS. By virtue of legislative action, subheading 9902.40.01 provides for a temporary reduction in the rate of duty for shopping bags with an outer surface of spun bonded polypropylene fabric or non-woven polypropylene fabric (provided for in subheading 4202.92.30). The subject shopping bags meet the prerequisites of this tariff provision. Accordingly, the bags are entitled to beneficial treatment under subheading 9902.40.01. The rate of duty is free.

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