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NY B84021

April 23, 1997

CLA-2-42:RR:NC:TA:341 B84021


TARIFF NO.: 4202.92.9025

Mr. R. Roscoe James
Barinco International Corp.
5777 West Century Blvd. - Suite 990
Los Angeles, CA 90045

RE: The tariff classification of carrying bag from China.

Dear Mr. James:

In your letter received in this office April 4, 1997, on behalf of Tacony Corporation, you requested a classification ruling for a carrying bag.

You have submitted a sample of a nylon carrying bag, no style number indicated. The carrying bag appears to be of a kind designed to carry a machine. However there is no indication that it is designed to carry a specific machine. Moreover, the bag is of a kind not normally sold with a sewing machine. The bag measures approximately 12"(H) x 18"(L) x 6"(W). Your sample is being returned as you requested.

Your letter indicates that the carrying bag will be imported packed in the same export packing as a sewing machine made in Taiwan. The carrying bag will be separately classified for entry purposes.

The applicable subheading for the carrying bag of nylon will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of textiles materials, other, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

We note that the carrying bag is marked "Swiss Made". The marking is in violation of Customs Regulations (19 CFR 134.46) which states, in part, that wherein an origin other than the correct origin is shown, the country of origin must be shown in close proximity and comparable print. Moreover, the sample submitted is not legally marked with the country of origin as required by law.

Items classifiable under 4202.92.9025 falls within textile category designation 670. Based upon international textile trade agreements products of China 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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