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NY F81999

February 7, 2000



TARIFF NO.: 4202.92.1500

Ms. Mary E. Keller
A.W. Fenton
1452 Donaldson Road
Erlanger, KY 41018-1025

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

Dear Ms. Keller:

In your letter dated January 25th, 2000, on behalf of New Creative Enterprises Inc., you requested a classification ruling.

The samples submitted with your request are identified as item #81074 and #31206.

Item #81074 is a tote bag that has an exterior surface of 100% cotton that measures approximately 21" in height by a round base approximately 12" in diameter. The interior of the bag is lined and secured by a pull-through rope closure.

Item #31206 is a diaper bag with an outer surface of 100% cotton that measures approximately 12" x 11" by 6 1/2". The interior of the bag is lined with PVC and is divided into two compartments by a cotton panel. A front flap with a hook and loop closure secures the bag. The front of the bag has two open pockets that are concealed by the front flap. Each side of the bag has an open pocket. An adjustable shoulder strap is permanently attached to the bag.

The applicable subheading for #81074 and #31206 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction. The duty rate will be 6.7 % ad valorem.

Items classifiable under HTS subheading 4202.92.1500 fall within textile category designation 369. 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.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 samples are 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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