CLA-2-42:OT:RR:NC:N4:441
Amy Smith
Kohl's
Customs Compliance
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53035
RE: The tariff classification of a bottle bag from Cambodia
Dear Ms. Smith:
In your letter dated April 16, 2024, you requested a tariff classification ruling. You have submitted a sample, which will be returned to you under separate cover.
Style HFLX43XB01 is a bottle bag. It is made of 100 percent nylon, which is a man-made textile material. The bag is shaped and fitted to contain one bottle. It provides storage, protection, organization, and portability to one bottle. The article features a drawstring closure at the top and one adjustable shoulder strap. The front features one zippered pocket. It measures approximately 4.5 inches in diameter and 9 inches in height.
You have inquired as to whether the article is classified as a handbag in subheading 4202.22.8100, Harmonized Tariff Schedule of the United States (HTSUS) or a travel bag in subheading 4202.92.3131, HTSUS. Handbags are designed to contain the small personal effects normally carried on a daily basis and the subheading for handbags does not include bottle bags or cases. Additional U.S. Notes 1 of Chapter 42, HTSUS, provides that for the purposes of heading 4202, the expression travel, sports and similar bags means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers. As such, bottle bags and cases are excluded from the subheadings for travel bags as well.
The applicable subheading for the bottle bag will be 4202.92.9100, HTSUS, which provides for other containers and cases, with outer surface of sheeting of plastics or of textile materials, other, other, with outer surface of textile materials, of man-made fibers (except for jewelry boxes of a kind normally sold at retail with their contents). The general rate of duty 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 the World Wide Web at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division