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May 17, 1999

CLA-2-42:RR:NC:341 E81347


TARIFF NO.: 4202.12.8070

Mr. James V. Maddux
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, Missouri 64108

RE: The tariff classification of a mini train case from Indonesia.

Dear Mr. Maddux:

In your letter dated May 5, 1999, on behalf of Pacific Sunwear of California, you requested a classification ruling for a mini train case.

The sample submitted with your request is identified as a mini train case, designated as style #1226. The item is a train case designed to hold personal effects such as cosmetics and jewelry during travel. It has an external surface of 100% polyester microfiber and measures approximately 3 1/2" in height by 3 1/2" in width. The train case has a top zippered closure that spans around the front, sides and half way across the back. A single carry handle is permanently attached to the top of the case.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), 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 (or its container) 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. We suggest that the bag be marked by means of a fabric label sewn into the top inside seam that reads "Made in Indonesia."

The applicable subheading for the train case will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and attache cases with an outer surface of textile materials, other, other, of manmade materials. The duty rate will be 18.8% ad valorem.

Goods classifiable under HTS subheading 4202.12.8070 fall within textile category designation 670. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

Your sample is being returned as requested.

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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