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June 11, 1999

CLA-2-42:RR:NC:341 E82583

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.90.5000; 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 24th, 1999, you requested a classification ruling for ladies handbags from China.

The samples submitted with your request are ladies evening bags identified as style numbers: LH0927 A/B/C, LH0924, MS8209 B, LH0926 A/B, and MS9310. The items are handbags designed to carry money, keys, and small accessories during travel.

Style LH0927 A/B/C is constructed of an external surface of 100% man-made textile material that is decorated with beads. The bag features a single, self-fabric handle and a permanently attached shoulder strap of braided cord. A center magnetic snap closure secures the top opening of the bag closed. The interior of the bag is lined and features a single compartment with an open back wall pocket.

Style LH0924 is constructed of an external surface of 100% satin textile material and features a front flap decorated with beads and a permanently attached shoulder strap of braided cord. The front flap has a center magnetic snap closure and secures the top opening of the bag. The interior of the bag is lined and contains a single compartment and open back wall pocket.

Style MS8209 B is a single compartment handbag with a permanently attached shoulder strap of braided cord and top zippered closure. The exterior surface is comprised of 100% acetate textile material that is decorated with beads.

Style LH0926 A/B consists of a bag body and a shoulder strap wholly of strung plastic bugles and glass beads. The strung bugles and beads nearly wholly cover an inner shell made up of velvet and satin textile materials. The velvet forms the exterior of the shell and the satin is the interior lining.

Style MS9310 consists of a drawstring pouch style evening bag which is fabricated of an outer shell of strung glass beads with crochet rayon yarn top and bottom. It has a shoulder strap and drawstring of braided textile cord. The outer is almost wholly of the strung beads. The strung beads cover an inner shell of rayon satin fabric.

The samples presented are of a kind similar to the "HANDBAGS" enumerated in the second half of Heading 4202, Harmonized Tariff Schedule of the United States, Annotated (HTSUSA). The articles covered by the second half of the heading must, however, be only of the materials specified therein or must be wholly or mainly covered with the materials enumerated in the second half. The materials enumerated include textile materials but do not include glass beads and bugles. Therefore, styles LH0927, LH0924, and MS8209 are of a kind classified within heading 4202, HTSUSA. Styles LH0926 and MS9310 are not of nor wholly or mainly covered with such materials and are not of a kind classified in the heading. The glass beads impart the essential character of the later two styles.

The applicable subheading for style numbers LH0927, LH0924, and MS8209 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.

The applicable subheading for style numbers LH0426 and MS9310 will be 7018.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass beads, imitation pearls, imitation precious or semiprecious stones and similar glass smallwares and articles thereof other than imitation jewelry¬other, other. The duty rate will be 6.6% ad valorem.

Items classifiable under HTS subheading 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.

Sincerely,

Robert B. Swierupski
Director,

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