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NY 816215

November 26, 1995

CLA-2-42:RR:NC:5:341 816215


TARIFF NO.: 4202.22.8050

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a handbag from China and/or Taiwan

Dear Mr. Eisen:

In your letter dated October 27, 1995 you requested a classification ruling. The request is on behalf of Avon Products, Inc.

A sample of item PP 138041, Romantic elegance Bag" has been submitted. It is an evening bag of polyester satin textile materials. The bag has a twisted polyester cord shoulder strap and a similar cord drawstring closure. The exterior consists of a base fabric which is wholly covered with a wide mesh embroided fabric composed of a fine braided polyester cord which is knotted with imitation pearls at each knot. The knotted fabric is of a kind which is classified within Heading 5810, Harmonized Tariff System of the United states, Annotated (HTSUSA) which provides for Embroidery in the piece in strips, or in motifs. The embroided fabric does not constitute the entire outer surface nor body of the handbag. Your sample is returned as requested.

You have indicated that item PP138041 is classified within Tariff number 4202.22.4030 which provides in part for handbags, with outer surface of textile materials, wholly or in part of braid. It is your position that the fine braided polyester cord from which the wide mesh knotted embroided fabric is fabricated is significant and not "de minimis" in terms of the overall finished handbag.

The fact that the embroided fabric is constructed of a braided cord is not controlling. The material would be classified within tariff Heading 5810 whether or not it is of a braid construction and the fact that it is of a braided cord does not significantly add to the handbag.

The applicable subheading for PP 138041, handbag of polyester satin, will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for HANDBAGS with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Items classified within Tariff number 4202.22.8050 fall within textile category designation 670. Based upon international textile trade agreements products of China and/or Taiwan are subject to quota and 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.


Roger J. Silvestri

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