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

Ramaguru Ravi
Sabare USA, Inc.
7300 Oakley Industrial Blvd.
Fairburn, GA 30213

RE: The tariff classification of tote bags from India and China

Dear Mr. Ramaguru:

In your letter dated February 4, 2009 you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The first sample is a shopping-style tote bag constructed of 100% cotton textile material. The bag is designed to provide storage, protection and portability for clothing and other personal effects during travel. It has a main compartment with no additional features. The bag has an open top with a hook-and-loop closure and double shoulder straps. It measures approximately 10.5” (W) x 14” (H) x 6.75” (D). It is of a durable construction and suitable for prolonged reuse.

The second sample is a shopping-style tote bag constructed of non-woven polypropylene textile material. It is designed to provide storage, protection and portability for clothing and other personal effects during travel. It has a main compartment with no additional features. The bag has an open top with no closure and double shoulder straps. It measures approximately 11” (W) x 14” (H) x 6.5” (D). It is of a durable construction and suitable for prolonged reuse.

The applicable subheading for the cotton shopping-style tote bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the non-woven polypropylene shopping-style tote bag 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/.

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