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June 8, 1999

CLA-2-42:RR:NC:341 E82114


TARIFF NO.: 4202.22.4030

Ms. Tammy Tetzlaff
Kohl's Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of ladies evening bags from China.

Dear Ms. Tetzlaff:

In your letter dated May 20th, 1999, you requested a classification ruling for ladies evening bags.

The samples submitted with your request are identified as style numbers LH0931 and LH0933. The items are ladies evening bags designed to carry money, keys, and small accessories. Each has an outer surface of velvet comprised of 70% acetate, 15% nylon, and 15% rayon.

Style LH0933 features a self-material handle and a shoulder strap of braided textile cord. The interior of the bag is lined and contains a back wall open pocket. The top opening of the bag closes by means of a center magnetic snap. The dimensions of the bag are 6 1/4" in height by 8" in width by a 2 1/2" gusset (at the widest point).

Style LH0931 measures 6 1/4" in height by 7 1/2" in width. The interior of the bag is lined and contains a back wall open pocket. The bag features a permanently attached braided shoulder strap and a metal facile frame with a center clasp closure.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ┬ž1304), 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 bags be marked with a fabric label sewn into the side interior that reads "Made in China".

The applicable subheading for the evening bags will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap┬with outer surface of textile materials, wholly or in part of braid, other, other of man-made fibers. The duty rate will be 7.9% ad valorem.

Items classifiable under 4202.22.4030 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 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 samples are 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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