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NY 888660





August 2, 1993

CLA-2-42:S:N:N6:341 888660

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 4202.11.0030

Ms. Sandra Kutz
World Commerce Services, Inc.
P.O. Box 66593
O'Hare Field
Chicago, IL 60666

RE: The tariff classification of a rucksack from China and a briefcase from China, India and/or Thailand.

Dear Ms. Kutz:

In your letter dated July 16, 1993, on behalf of Heritage Industries, you requested a tariff classification ruling for a rucksack and a briefcase.

You have submitted a sample of a rucksack composed of nylon woven fabric. You have indicated that the bag will be imported with a leather briefcase enclosed (sample not submitted). The bag is unlined and measures approximately 16 1/2" x 22". It is secured by means of a top draw-string closure. The front and rear surface is printed with the words "Kenneth Cole New York".

The applicable subheading for the rucksack of nylon woven fabric will be 4202.92.3020, 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. The duty rate will be 20 percent ad valorem.

Items classifiable under 4202.92.3020 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.

The applicable subheading for the briefcase of leather will be 4202.11.0030, HTS, which provides for trunks, suitcases, attache cases, briefcases, school satchels and similar containers, with outer surface of leather, of composition leather, or of patent leather. The duty rate will be 8 percent ad valorem.

In reference to the rucksack marked "Kenneth Cole New York", you have advised us that "Kenneth Cole" is a registered trademark. Customs Regulations 134.46 provides, in part that in any case wherein an origin other than the country of origin appears there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in", "Product of", or other words of similar meaning.

It is recommended that the article be marked by means of a sewn-in fabric label placed along the top draw-string seam. The label should read "Bag Made in China" in print not less than 9 points (1/8") high.

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.

Sincerely,

Jean F. Maguire
Area Director

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