OT:RR:CTF:CPMM HQ H316644 KSG
Port Director
Port of Los Angeles/ Long Beach Seaport
U.S. Customs and Border Protection
Attn: Nour Nachet, Paralegal Specialist
Re: Internal Advice Request for duffle bags; application of Section 301 exclusion
Dear Port Director:
The following is in response to a request for Internal Advice submitted by counsel on behalf of Travelers Club Luggage, Inc., regarding the importation of certain duffle bags. The duffle bags were classified in subheading 4202.92.3131 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classification of the imported articles is not contested. Pursuant to subheading 9903.88.45, Subchapter III, Note 20 (xx)(22), the Office of the United States Trade Representative (USTR) granted a Section 301 List 3 Exclusion for duffle bags “measuring not more than 98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels.”
Counsel argues that since the article is imported folded and packaged, the dimensions should apply to the article as packaged. There is no language in the USTR Exclusion that indicates that the dimensions apply to the article as folded and packaged. Rather, the exclusion is for duffle bags of a certain dimension. The dimensions of a duffle bag are constant. The folded dimensions are not relevant to the application of the exclusion. Accordingly, we agree that the dimensions specified in the exclusion should apply to the duffle bags as unfolded for use.
You are directed to mail this decision to the Internal Advice applicant no later than 60 days from the date of this letter. On that date, CBP will make the decision available to CBP personnel and the public via www.cbp.gov, the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Allyson Mattanah for
Craig T. Clark, Director
Commercial and Trade Facilitation Division