CLA-2-42:OT:RR:NC:N4:441
Amy Hess
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045
RE: The tariff classification of a shopping-style tote bag from China
Dear Ms. Hess:
In your letter dated March 14, 2012, you requested a tariff classification ruling on behalf of your client, Act Global Trading, Inc. Your samples will be returned to you.
Styles 1 and 2 cannot be ruled upon since they are products imported by a different company and were provided simply as examples. This ruling will only apply to styles 3, 4 and 5.
Style 3 is a shopping-style tote bag constructed with an outer surface of recycled paper. It is reinforced with a backing of woven polypropylene textile material. The bag is designed to provide storage, protection, portability, and organization to its contents. It has an unlined main compartment with no additional features. The bag has an open top trimmed with polypropylene and two polypropylene carrying handles. The tote bag is of a durable construction and suitable for prolonged use. It measures approximately 20” (W) x 18” (H) x 6.5” (D).
Style 4 is a shopping-style tote bag constructed of recycled paper laminated on the outer surface with plastic sheeting. The constituent outer surface material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. It has an unlined main compartment with no additional features. The bag has an open top trimmed with polypropylene and two polypropylene carrying handles. The tote bag is of a durable construction and suitable for prolonged use. It measures approximately 20” (W) x 18” (H) x 6.5” (D).
Style 5 is a nonwoven shopping-style tote bag constructed with an outer surface of polypropylene textile material laminated on the front exterior with plastic sheeting. The constituent outer surface is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. It has an unlined main compartment with no additional features. The bag has an open top trimmed with polypropylene and two polypropylene carrying handles. It measures approximately 19.5” (W) x 18” (H) 7” (D).
The applicable subheading for style 3 will be 4202.99.9000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides in part, for other containers and cases, other, other. The rate of duty will be 20 percent ad valorem.
The applicable subheading for styles 4 and 5 will be 4202.92.4500, HTSUS, which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20% ad valorem.
Styles 3, 4 and 5 do not meet the prerequisites for special treatment under subheading 9902.40.01. One of the prerequisites of subheading 9902.40.01 is that the article be constructed with an outer surface of spun bonded polypropylene fabric or non woven polypropylene fabric. As stated above they have either an outer surface of plastic sheeting or of paper. As such, the general rate of duty will apply.
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