CLA-2-42:S:N:N6:341 883847
Ms. Pamela J. Gruszezynski
Midwest Transatlantic Lines, Inc.
1230 West Bagley Road
Berea, OH 44017-2910
RE: The tariff classification of a lunch bag from China.
Dear Ms. Gruszezynski:
In your letter dated March 10, 1993, on behalf of Maui Toys,
Incorporated, you requested a tariff classification ruling on a
lunch bag.
The sample submitted, no style number indicated, is a lunch
bag constructed of 50% cotton/50% polyester textile woven fabric.
The bag is essentially as much cotton as it is polyester. There
is no essential character. Therefore, the lunch bag will be
classified according to GRI 3(c) under the heading which occurs
last. The bag is unlined and measures approximately 5 3/4" x 12"
with 5 1/2" gussets. It is secured by means of a hook and loop
fastener.
You have stated that the bag will be partially assembled in
China with seams sewn. After importation into the United States,
the bag will then move in-bond to Mexico where the hook and loop
fastener, handle and label will be attached. After it is
finished it will be shipped back to the United States. The
country of origin that will apply to the bag will be China.
The applicable subheading for the lunch bag of 50%
cotton/50% polyester textile woven fabric, will be 4202.92.3030,
Harmonized Tariff Schedule of the United States (HTS), 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 20 percent ad valorem.
Items classifiable under 4202.92.3030 fall within textile
category designation 670. Based upon international textile trade
agreements, products of China are subject to visa requirements
and quota restraints.
The designated textile and apparel category may be
subdivided into
parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are
the result of international bilateral agreements which are
subject to frequent renegotiations and changes, we suggest that
you check, close to the time of shipment, the Status Report On
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York
Seaport