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NY A82958





May 17, 1996

CLA-2-42-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 4202.92.1500

Bruce Clancy
President, Cool Tote
Alpine West, Inc.
480 Coney Island Dr.
Sparks, NV 89431

RE: The tariff classification of a lunch bag from Philippines or China

Dear Mr. Clancy:

In your letter dated April 18, 1996 you requested a tariff classification ruling.

You submitted one sample, Model 808CN, which is a rectangular shaped lunch bag approximately nine by six inches with a fold-over velcro closure and a nylon shoulder strap. The bag is manufactured from cotton and nylon with a polyester insulation. You state the fabric on the exterior of the bag is 61 percent cotton and 39 percent nylon by weight. For the purpose of this ruling we will assume the above to be correct.

We note that the submitted sample is not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the bags would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

The applicable subheading for the above lunch bag 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 material, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be seven percent.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of China and the Philippines are subject to quota and the requirement of a visa.

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. 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 Part 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.

Sincerely,

Garland J. Ruiz
Acting Port Director

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