CLA-2-42:OT:RR:NC:N:441
Maria E. Celis
Neville Peterson, LLP
17 State Street, 19th Floor
New York, NY 10004
RE: The tariff classification of woven polypropylene bags from China
Dear Ms. Celis:
In your letter dated February 9, 2012, you requested a tariff classification ruling on behalf of our client, Fiberlinks Textiles, Inc. Your samples will be returned to you.
Style GEB12138 is a shopping-style tote bag constructed of woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The outer surface constituent material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to groceries or other personal effects. It has an open top, two webbed carrying handles and an unlined interior storage compartment with no additional features. The bag measures approximately 12” (W) x 13” (H) x 8” (D) and is of a durable construction and suitable for repetitive use.
Style GEB11117/PLB is a six bottle wine bag constructed of non-woven polypropylene textile material that is laminated on the outer surface with plastic sheeting. The constituent outer surface material is the plastic sheeting. The bag is designed to provide storage, protection, portability, and organization to wine bottles. The interior of the bag has three fitted pockets for individual wine bottles attached to each sidewall. The bag has an open top with two carrying handles. It is of a durable construction and suitable for repetitive use. It measures approximately 11” (W) x 11” (H) x 7” (D).
In your ruling request, you recommended classification of the bags under subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS) which provides for other made up textile articles, other. However, the submitted samples are suitable for continuous use and classifiable in Heading 4202. Section XI, wherein goods of Heading 6307 are classified, is limited by Legal Note 1(l) that excludes textile goods of heading 4202, HTSUS. As such, the bags will be classified in Heading 4202.
The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The general rate of duty is 20 percent ad valorem.
The applicable subheading for the wine bottle bag will be 4202.92.9060, HTSUS, which provides for other containers and cases, of plastic sheeting or of textile materials, other, other, other, other. 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,
Thomas J. Russo
Director
National Commodity Specialist Division