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June 30, 1999



TARIFF NO.: 4202.22.4030

Ms. Barbara Y. Wierbicki
Tompkins & Davidson LLP
One Astor Plaza
1515 Broadway
New York, New York 10036

RE: The tariff classification of a beaded evening bag with lipstick case from China.

Dear Ms. Wierbicki:

In your letter dated June 9, 1999, on behalf of Avon Products, Inc., you requested a classification ruling for a beaded evening bag with lipstick case.

The sample submitted with your request is identified as "Beaded Evening Bag with Matching Lipstick Holder," #PP191922. The merchandise consists of two items, an evening bag designed to carry money, keys, and small accessories during travel, and a carrying case specially fitted to contain a lipstick. You state in that the goods will be imported put up for retail sale without re-packing.

The evening bag measures approximately 6 1/2" in height by 6 3/4" in width and has an oval base. It has an exterior surface of 100% satin polyester that is decorated on the front and back with a beaded design. The interior of the bag consists of a single compartment that is lined and contains a back wall open pocket. The bag features a permanently attached braided shoulder strap and top zippered closure that spans the length of the bag. The bag is classified under HTS subheading 4202.22.4030.

The lipstick case is semi-cylindrical and measures approximately 3 1/2" in width by 1 1/4" in height. It has an exterior surface of 100% satin polyester and features a beaded design on top. A mirror is permanently attached to the front interior. The lipstick case is classified under HTS subheading 4202.32.9550.

Pursuant to General Rule of Interpretation (GRI) 3 (b), the beaded evening bag and lipstick case is considered a set. Both share the common purpose of carrying personal effects.

The applicable subheading for #PP191922 will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags¬with outer surface of textile materials, wholly or in part of braid, other, of man-made fibers. The duty rate will be 7.9% ad valorem.

Items classifiable under HTS subheading 4202.22.4030 and 4202.32.9550 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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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