CLA-2-42:OT:RR:NC:N4:441
Louise Megale
Powers Freight Express
Patrick Powers Customs Brokers, Inc.
27 Blake Avenue
Lynbrook, NY 11563
RE: The tariff classification of a shopping-style tote bag from China
Dear Ms. Megale:
In your letter dated March 14, 2012, you requested a tariff classification ruling on behalf of your client BHS International. Your sample is being returned to you.
Your sample was submitted without a style number. The item is a reusable shopping-style tote bag constructed with an outer surface of 100% nonwoven polypropylene (PP) textile material. This construction is considered to be man-made textile for tariff purposes. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects during travel. The bag features an open top without a closure, two carrying handles, an unlined interior and a reinforced bottom. It is of a durable construction and suitable for repetitive use. The bag measures approximately 11.5” (W) x 11” (H) x 5” (D).
The applicable subheading for the shopping-style tote bag 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-style tote bag is 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 nonwoven polypropylene fabric (provided for in subheading 4202.92.30). The subject shopping bag meets the prerequisites of this tariff provision. Accordingly, the bag is entitled to duty free treatment under subheading 9902.40.01.
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