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March 16, 1999

CLA-2-42:RR:NC:3:341 D86955


TARIFF NO.:4202.22.1500; 4202.92.4500

Mr. Arlen T. Epstein
Tompkins & Davidson,LLP
One Astor Place
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a tote bag and clutch from China

Dear Mr. Epstein:

In your letter dated January 14, 1999, you requested a tariff classification ruling. The request is on behalf of Avon Products, Inc.

You have submitted samples of a ladies tote bag and clutch which are identified as Product Profile (PP) 187472. Each article is manufactured of a sheeting of plastic consisting of an exterior surface of plastic sheeting and a woven fabric backing material. The shoulder bag and clutch are of a kind which normally would be sold in separate parts. The samples are being returned as requested.

The tote bag has an overall measurement of 12 3/4" x 16". The bottom panel is oval, 8" by 16", and the bag has a circumference of 36". The top is closed by means of a center snap and two snap tabs at each side. The interior is textile lined and undivided creating a large center storage area. The bag has double self material carrying straps and there is a zippered utility pocket sewn into the top at the base of each of the straps on each opposite side of the bag. The tote bag is of a class or kind designed to contain articles of bulk in addition to the small personal articles normally carried in a purse, pocketbook, shoulder bag or clutch bag. The tote is designed to contain personal effects and clothing during travel and therefore is of a kind similar to those provided in Additional United States Note 1, Chapter 42, HTSUSA.

The clutch is a zippered purse which has an overall measurement of 7 1/2" x 4" x 1 1/4' when closed. There is no carrying strap. A metal zippered closure extends along 3 sides of the itemÂ’s central compartment, which opens to reveal 2 gusseted pockets, each extending the full width of the article. The gussets allow each pocket to expand and form an opening which measures approximately 1 3/4" in width. Between the two pockets is a separate zippered compartment. At the rear wall of each gusseted pocket is a billfold slot. The central compartment is capable of holding several small objects at one time. The front of the clutch consists of a flap which is secured by means of a snap fastener. The interior of the flap contains two billfold slots and eight credit card slots.

The applicable subheading for the tote bag, PP 187472, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other, with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 18 percent ad valorem.

The clutch bag, PP 187472, is similar to Avon Products, Inc., Product Profile 155985 which was the subject of HQ 960180, August 12, 1997. In that decision Customs found that the clutch is fitted to hold items such as credit cards, paper currency, photos as well as other dimensional items carried in a handbag. Its central compartmentsÂ’ gusseted pockets provide a generic carrying capacity for a variety of loose personal effects (e.g. lipstick, pens, a set of keys, etc.) The article was found to be of a kind similar to a clutch purse variety of handbag.

The applicable subheading for the clutch is HTS 4202.22.1500, HTS, which provides for Handbags, with outer surface of sheeting of plastic. The rate of duty is 18 percent ad valorem.

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 212-637-7091.


Robert B. Swierupski

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