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NY C89077

July 13, 1998

CLA-2-42:RR:NC:TA:341 C89077


TARIFF NO.: 4202.92.6090

Mr. Herbert J. Lynch

Sullivan & Lynch, P.C.

Attorneys And Counselors At Law

156 State Street

Boston, MA 02109-2508

RE: The tariff classification of a wine bottle bag from China.

Dear Mr. Lynch:

In your letter dated June 15, 1998, on behalf of Bradlees, Inc., you requested a classification ruling for a wine bottle bag. Your sample is being returned as you requested.

The sample submitted, identified as style 98619, is a substantially constructed carrying bag manufactured of 100 percent cotton velveteen fabric with a twisted cord drawstring which serves as a carry handle. The bag is in the general shape and dimensions of a bottle and is intended to be a bottle bag. It has a fabric lining which extends from the top to the bottom of approximately two-thirds of the height.

Style 98619 is sold at retail on its own as a decorative wine or spirits bottle bag. The bottle bag will be used as protective packing for a bottle and is capable of re-use on a repetitive basis. The retail customer will reasonably expect the bottle bag to be capable of reuse on a continuing basis.

The bottle bag is designed to provide portability for the contents while protecting the exterior of the bottle surface from scratches and being soiled both while in transit and in storage. The retail customer will reasonably expect to use the bag as a protective cover while the wine or spirits are being stored and/or transported.

The applicable subheading for Style 98619, the bottle bag of 100 percent cotton, will be 4202.92.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for provides for trunks, suitcases...; traveling bags..., bottle cases and similar containers, with outer surface of textile materials, other, of cotton, other. The duty rate will be 6.8 percent ad valorem.

The bottle bag falls within textile category designation 369. 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-



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