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NY D85231

December 7, 1998

CLA-2-42:RR:NC:3:341 D85231


TARIFF NO.: 4202.22.4030: 4202.22.8050

Ms. Christine Basile
Kohl's Department Stores, Inc.
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

RE: The tariff classification of Evening Bags from China

Dear Ms. Basile:

In your letter dated November 2, 1998, you requested a classification ruling.

You have submitted five samples of evening bags which are designed for formal wear. Each bag is of a kind worn by a lady to carry the small personal effects customarily carried by a lady while attending formal event. The Styles are identified as:

- Style MS9308, a drawstring pouch manufactured of acetate satin with lace like mesh. The exterior is lightly decorated with beads. The bag has a shoulder strap and drawstring closure of matching braided cord. It is lined with a satin material.

- Style MS9309, an EAST-WEST envelope style shoulder bag with top zipper closure. The bag is manufactured of acetate satin with a lace like mesh exterior. The bag has a satin lining and shoulder strap of matching braided cord.

- Style MS9310, a shoulder bag of 100 percent rayon crochet mesh with ornamentation of spangles and a drawstring closure. The bag is lined with a satin fabric. The shoulder strap is of a braided cord construction and is of a matching color.

- Style MS9311, a NORTH-SOUTH envelope style shoulder bag manufactured of crocheted yarns of 100 percent rayon. The bag has a top zipper closure and a satin lining. The shoulder strap is of a crochet construction and is not braided.

- Style 9312, is a double handle bag with a disappearing shoulder strap and magnetic snap closure. The bag body and handles are manufactured of 100 percent rayon crocheted yarns. The lining is of satin fabric. The bag has a braided cord shoulder strap of manmade textile materials which is designed to be tucked into the bag when not being carried as a shoulder bag. The bag is primarily designed to be carried in the hand.

The applicable subheading for styles MS9308, MS9309, MS9310 and MS9312, formal wear evening bags, will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for HANDBAGS of textile materials, with outer surface of textile materials, wholly or in part of braid, other, other, of manmade fibers. The duty rate will be 8 percent ad valorem.

The applicable subheading for style MS9311 will be 4202.22.8050, HTS, which provides for HANDBAGS, of textile materials, with outer surface of textile materials Other, other, other, of manmade fibers. The rate of duty will be 19 percent ad valorem.

Goods classified within tariff numbers 4202.22.4030 and 4202.22.8050 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.

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.


Robert B. Swierupski

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