N014923

August 10, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: Classification

TARIFF NO.: 4202.92.9026

Debbie Bell

Bealls Department Stores, Inc.

P.O. Box 25207

Bradenton, FL 34206-5207

RE: The tariff classification of wine bottle bags from China

Dear Ms. Bell:

In your letter dated July 19, 2007, you requested a classification
ruling.

Three styles of wine-bottle bags were submitted. They are constructed
with an outer surface of polyester material and are fitted with various
wine accessories. Your samples will be returned to you as requested.

Style 629-60 is a triangular two-bottle wine bag. Included with the bag
are a wooden cutting board, a stainless steel cheese knife, a bottle
stopper, a corkscrew, two cotton napkins, and two acrylic wine glasses.
The interior of the bottle bag is textile-lined and has elastic straps,
fitted pockets, and loops to hold the accessories in place. The exterior
has an adjustable textile shoulder strap, a carrying handle, and two
fitted pockets with hook and loop closures. The bottom side of the bag
has a full length pocket that secures with a hook and loop closure. It
measures approximately 12" (W) x 8" (H) x 9" (D).

Style 623-04 is a two-bottle wine bag. Included with the bag are a
wooden cutting board, a corkscrew, and a cheese knife. The bag has a
lidded top that secures with a textile zipper. The interior of the bag
is textile-lined and divided into two sections. The exterior of the
bottle bag has open mesh pockets on the front and both sides. It also
has a removable, adjustable textile shoulder strap and carrying handle.
It measures approximately 8" (W) x 13" (L) x 4" (D).

Style 518-49-990 is a wine bottle bag that has a zipper down the center
that opens into two textile-lined compartments. One compartment is
specially fitted to hold a wine bottle, and has an attached elastic
strap with a hook and loop closure to hold it in place. The other
compartment has two acrylic wine glasses which are held in place by
elastic straps with hook and loop closures. The bag contains two cotton
napkins, a stainless steel corkscrew, and a bottle stopper. The exterior
of the bottle bag has an adjustable textile shoulder strap and a
zippered pocket. It measures approximately 8.5" (W) x 13" (L) x 4" (D).

The wine bottle bags and included accessories are dedicated for the
purpose of preparing, storing and serving cheese and wine. All three
styles, 629-60, 623-04, and 518-49-990, are considered to be a "set" as
provided by the General Rule of Interpretation (GRI) 3(b). The wine
bottle bag imparts the essential character for each style.

The applicable subheading for the wine bottle bags will be 4202.92.9026,
Harmonized Tariff Schedule of the United States (HTSUS), which provides,
in part, for other bags and containers, with outer surface of textile
materials, other, other, of man-made fibers. The duty rate will be 17.6
percent 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/.

HTSUS 4202.92.9026 falls within textile category 670. With the exception
of certain products of China, quota/visa requirements are no longer
applicable for merchandise which is the product of World Trade
Organization (WTO) member countries. Quota and visa requirements are the
result of international agreements that are subject to frequent
renegotiations and changes. To obtain the most current information on
quota and visa requirements applicable to this merchandise, we suggest
you check, close to the time of shipment, the "Textile Status Report for
Absolute Quotas" which is available on our web site at www.cbp.gov. For
current information regarding possible textile safeguard actions on
goods from China and related issues, we refer you to the web site of the
Office of Textiles and Apparel of the Department of Commerce at
otexa.ita.doc.gov.

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