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NY 810468




June 20, 1995

CLA-2-42:S:N:N5:341 810468

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Herb Wolfarth
Radix Group Int'l, Inc.
745 Dillon Drive
Wood Dale, IL 60191

RE: The tariff classification of a tote bag from China and/or Hong Kong.

Dear Mr. Wolfarth:

In your letter dated May 25, 1995, on behalf of Rigby Education, Inc., you requested a classification ruling for a tote bag.

The sample submitted is a double handle, zippered top, tote bag composed of an exterior surface of nylon with a pvc backing. The intended use for the bag is to hold/transfer books to educational institutions. The item measures approximately 10 inches by 13 inches with 3 inch gussets. The front of the bag features the "Rigby" logo.

Your reference to the country of origin noted. Section 304 of the Tariff Act of 1930, as amended provides that, unless excepted, every article of a foreign origin imported into the United States shall be marked in a conspicuous place as legible, 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. We suggest that each bag be marked with a sewn-in fabric label which reads "Made in China" or "Made in Hong Kong" into the top inside seam.

The applicable subheading for the tote bag of nylon 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 19.8 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 quota and the requirement of a visa. Products of Hong Kong are subject to the requirement of a visa.

The designated textile and apparel categories 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, to obtain the most current information available, 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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