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NY 883847

March 30, 1993

CLA-2-42:S:N:N6:341 883847


TARIFF NO.: 4202.92.3030

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.


Jean F. Maguire
Area Director

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