CLA-2-42:OT:RR:NC:N4:441
Kathy Walsh
All Air Customs Brokers, Inc.
145-43 226th Street
Springfield Gardens, NY 11413
RE: The tariff classification of a tote bag and handbags from the Philippines
Dear Ms. Walsh:
In your letter dated November 10, 2009, you requested a tariff classification ruling on behalf of your client AP Bags, USA. Your samples are being retained by our office.
The three samples you have submitted are constructed from twisted polyethylene strips that are of an apparent width of less than 5 millimeters. Strips of polyethylene film that do not exceed 5 millimeters in width meet the dimensional requirements of man-made fiber textile strips set forth in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). Therefore, products made from these strips are considered to be man-made textile for tariff purposes.
The style you refer to as the “Drew Tote” is a tote bag constructed with an outer surface man-made textile material. The tote bag is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. It has a textile-lined interior compartment with a zippered pocket and two open pockets on the sidewalls. It also has an open top with a magnetic closure and double shoulder straps. The bag measures approximately 17” (W) x 14” (H) x 1” (D).
The style you refer to as the “Milly Wristlet” is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that are carried on a daily basis. It has a textile-lined storage compartment with a zippered pocket on the sidewall. The wristlet secures with a nylon zipper and measures approximately 9” (W) x 6.5” (H) x 0.5” (D).
The style you refer to as “Kelly Flap Clutch” is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that are carried on a daily basis. It has a textile-lined storage compartment with a zippered pocket on the sidewall. The front exterior has a flap that secures with a magnetic closure.
The applicable subheading for the “Drew Tote” 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 rate of duty will be 17.6% ad valorem.
The applicable subheading for the “Milly Wristlet” and “Kelly Flap Clutch” will be 4202.22.8050, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile materials, other, other, other, of man-made textile materials. The rate of duty will be 17.6% 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