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NY 807642

April 3, 1995

CLA-2-42:S:N:N6:341 807642


TARIFF NO.: 4202.92.1500

Mr. Miguel Ruiz
Miami Int'l Forwarders
Sig M. Glukstad, Inc.
P.O. Box 523730
Miami, FL 33152-3730

RE: The tariff classification and marking of a travel bag from Dominican Republic.

Dear Mr. Ruiz:

In your letter dated February 23, 1995, on behalf of Trina, Inc., you have requested a Customs decision as to the classification and proper marking of an item identified as style 6052-03.

The sample submitted, style 6052-03, is a travel bag manufactured of an exterior textile material of 100 percent cotton fiber. The back side of the fabric is coated with plastics. The bag is fitted in the interior with two full size zippered compartments of poly vinyl chloride (pvc). It is closed by means of a nylon coil zipper which extends around three sides. The bag is said to be assembled in the Dominican Republic of USA origin components which are exported from the USA in a condition ready for assembly.

The applicable subheading for Style 6052-03, the travel bag of 100 percent cotton woven fabric, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 7.1 percent ad valorem.

Articles classifiable under subheading 4202.92.1500, HTS, which are products of the Dominican Republic are entitled to a duty rate of 5.4 percent under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

Title 19 USC 1304 requires in part that all imported articles of foreign origin shall be marked as legible, indelibly and permanent as the article will permit. Peelable labels, paper labels and hand tags would not satisfy the statutory requirements for an article of this kind.

This office would recommend that the bag be legibly, indelibly and permanently marked by means of a sewn-in fabric label. The phrase "Assembled in Dominican Republic of USA Materials" is acceptable.

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
New York Seaport

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