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June 14, 1999

CLA-2-42:RR:NC:341 E82679

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8080; 4202.92.3091

Ms. Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway, 6 FL
New York, NY 10018

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

Dear Ms. Cheung:

In your letter dated May 28, 1999, you requested a classification ruling for a handbag and a tote bag from China.

The samples submitted with your request are identified as style numbers 79-14476R, a ladies' "backpack," and 79-14493R, a ladies' tote bag. Both have an external surface comprised of 65% polyester and 35% wool.

Style 79-14476R is a ladies handbag designed to carry money, keys, and small accessories during travel. It measures approximately 10.5" in height, 9" in width by a 5" wide gusset. The top opening of the bag has a zip-around closure. The interior of the bag is lined and features a single, central compartment and a back wall pocket with a zippered closure. On the front exterior, there is a zippered pocket that is 5 1/2" deep. An adjustable, permanently attached sling-type shoulder strap is located on the rear of the bag.

Style 79-14493R is a ladies' tote bag designed to carry clothing and other personal effects during travel. It measures approximately 12" in height and 18" in width by a 4 1/2" bottom gusset. The interior of the bag is lined and features a single, central compartment and a zippered back wall pocket. Two permanently attached shoulder straps of nylon webbing are located at the top of the bag. The top opening of the bag has a zippered closure that spans the entire length of the bag.

Both the handbag and tote bag are subject to the Wool Products Labeling Act of 1939. The applicable subheading for the handbag will be 4202.22.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags¬with outer surface of textile materials, other, other, other, other. The duty rate will be 18.8% ad valorem.

The applicable subheading for the tote bag will be 4202.92.3091, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags with outer surface of textile materials, other, other, other. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.22.8080 fall within textile category designation 871. Based upon international textile trade agreements products of China are subject to the requirement of a visa.

Items classifiable under HTS subheading 4202.92.3091 fall within textile category designation 870. 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 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.

Sincerely,

Robert B. Swierupski
Director,

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