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NY 859773

February 19, 1991

CLA-2-42:S:N:N3G:341 859773


TARIFF NO.: 4202.12.8030

Ms. Diane Weaver
D. Klein & Son, Inc.
60 Industrial Road
Lodi, New Jersey 07644

RE: The tariff classification of a pilots case and an attache case from China.

Dear Ms. Weaver:

In your letter dated January 15, 1991, you requested a tariff classification ruling.

You have submitted two samples. Item #T-4218 is a pilots case with leather trim. It is lined with leather and measures approximately 18" x 12" x 7 1/2". The inside features three separate divided compartments. The case features a leather carrying handle, and closes by means of a fold-over flap closure and is secured by means of double snap combination locks. Item #T-1267/4 is an attache case with leather trim. The interior is lined with leather and the top section features divided portfolio compartments. It measures approximately 18" x 12 1/2" x 3 1/2". The case features a leather carrying handle and closes by means of two snap combination lock closures. Both items are constructed of textile man-made materials.

Your samples are being returned per your request.

The applicable subheading for Items #T-4218 and T-1267/4, the pilots case and the attache case of textile man-made materials, will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, brief cases, occupational luggage cases and similar containers, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 20 percent ad valorem.

It has been noted that the samples submitted as part of the binding ruling request are not marked to indicate the country of origin. Section 304 of the Tariff Act of 1930, as amended states that, unless excepted, every article of a foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin. Therefore we advise that you sew a label which reads "Made In China" into the top inside seam, or stamp item with a permanent ink stamp in a permanent location.

Item 4202.12.8030 falls 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.


Jean F. Maguire
Area Director

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