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NY B80974

January 24, 1997

CLA-2-42:RR:NC:WA:341 B80974


TARIFF NO.: 4202.92.1500

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Brand Blvd. - Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a travel bag from Hong Kong.

Dear Mr. Hernandez:

In your letter dated January 6, 1997, you requested a classification ruling and correct country of origin marking as it pertains to the sample submitted.

The sample submitted, style 053-21-07A, described as a "Large Doctor's Bag", is a travel bag which simulates a doctor's bag. The article is constructed of a tapestry fabric essentially of cotton and leather trim with the sides and handle grips of leather. The tapestry has a woven print depicting various "Walt Disney" characters. The tapestry fabric will impart the essential character. Your sample is being returned as you requested.

The applicable subheading for Style 053-21-07A, the travel bag of cotton tapestry 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 duty rate will be 6.9 percent ad valorem.

Your reference as to the correct country of origin marking noted. The marking Statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134) implements these country of origin marking requirements and exceptions of 19 U.S.C. 1304). As provided in section 134.41(b), Customs Regulations, the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The finished product (travel bag) must be marked with a sewn-in fabric label which reads "Made in Hong Kong" in a conspicuous location.

Items classifiable under 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements products of Hong Kong 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 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. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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