CLA-2-42:OT:RR:NC:N4:441
Aneta Skromak
Helmut Lang New York LLC
165 Polito Avenue
Lyndhurst, NJ 07071
RE: The tariff classification of a tote bag, a hood, and a travel pouch
Dear Ms. Skromak:
In your letter dated June 3, 2024, you requested a tariff classification ruling. A sample was submitted for our review and will be returned to you under separate cover.
The article, which was submitted without a style or item number, is comprised of three components: an expandable tote bag, a hood, and a travel pouch. All three components are constructed of woven nylon fabric, which is man-made textile.
The tote bag is designed and sized to contain the larger personal effects associated with travel. It features a zippered closure at the top and one adjustable shoulder strap. The interior features one main compartment with a zippered closure in the middle and one opened pocket on each side. The front bottom of the bag features a zipper pocket containing additional storage space when unzipped. The bag measures approximately 20 (W) x 16 (H) x 12 (D) when extended.
The detachable hood has a functional drawstring closure that is threaded through the interior of the hood around the sides and top of the hood. It may be zipped into the travel pouch. The hood measures approximately 17 (W) x 15 (L).
The pouch features a zippered closure at the top with a lobster claw clasp at the end of each side. It is designed to provide storage, protection, portability and organization to the hood or other personal effects items. The pouch measures approximately 12.5 (W) x 6.5 (H) x 1 (D).
You have suggested that the three articles form a set for tariff and marking purposes. However, the tote bag and hood are not to used together to carry out a shared activity. The tote bag will provide storage, protection, portability, and organization to a wide range of personal effects well beyond the hood. The hood is worn by the user to offer protection from the elements, which is an activity fully unrelated to the utilitarian functions performed by the tote bag or pouch. Moreover, while the travel pouch may be used to store the hood when not in use, and it may also be used to store and transport other articles as well. As such, all three articles will be classified separately.
The applicable subheading for the tote bag and the travel pouch will be 4202.92.3131, Harmonize Tariff Schedule of the United States, (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile material, other, other, of man-made fibers. The general rate of duty will be 17.6 percent ad valorem.
The applicable subheading for the hood will be 6505.00.7090, HTSUS, which provides for Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Wholly or in part of braid: Other: Other. The general rate of duty will be 6.8 percent ad valorem.
Please note, if the articles are manufactured in China, pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 4202.92.3131 and 6505.00.7090, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate 9903.88.03 of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., in addition to subheadings 4202.92.3131 and 6505.00.7090, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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.
You have indicated in your request that the country of origin has not yet been determined. Please note, that at the time of importation each component must be individually marked in accordance with the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), which provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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 the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. If 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]. If you have any questions specifically on the classification of the hood, contact National Import Specialist Katherine Souffront at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division