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NY F83157




March 6, 2000

CLA-2-42:RR:NC:341:F83157

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 4202.92.4500; 8214.20.9000; 8214.20.9000; 6601.91.0000; 8470.10.0040; 8516.31.0000

Mr. Jim Bradie
Excel Handbags Co., Inc.
3651 N.W. 81st Street
Miami, FL 35147

RE: The tariff classification of a travel bag from Hong Kong.

Dear Mr. Bradie:

In your letter dated February 22nd, 2000, on behalf of Excel Handbags and The Shoe Show, Inc., you requested a classification ruling.

The sample submitted with your request is a travel bag that contains a hair dryer, manicure set, umbrella, and electronic organizer. Since the bag and other items are not used for a common purpose, they are not considered a set.

The bag is expandable and is made up to be primarily a travel bag for clothing and personal effects during travel. You state two different bags will be imported, one with an exterior surface of 100% polyester and another with an exterior surface of 100% Polyvinyl Chloride (PVC). The front interior of the bag contains a back wall zippered pocket, is lined and is secured by a zippered closure. The front exterior has an open pocket that is concealed by a front flap with a hook and loop closure. On the backside of the bag, there is a zippered single accordion compartment that contains a full-width pocket, multiple credit card slots, a sewn-in eye glasses case and pen holders.

The manicure set is a zippered container that contains metal nail clippers, metal nail scissors, and a metal nail file, and a zippered pocket.

The umbrella is constructed of man-made textile materials, has a telescopic shaft, a self-specially fitted cover, and a carry handle of textile cording.

The electronic organizer is palm sized and has a two line display, a clock, alarm, calculator, key pad and memory.

"Windmere 1625", is a 1625 watt hair dryer. It is designed for travel and has a folding handle.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. Each item must be marked with "Made in Hong Kong".

The applicable subheading for the travel bag of 100% PVC will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsother. The duty rate will be 20% ad valorem.

The applicable subheading for the travel bag of 100% polyester will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagswith outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.6% ad valorem.

The applicable subheading for the manicure set will be 8214.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for manicure or pedicure sets and instrumentsother. The duty rate will be 4.1% ad valorem.

The applicable subheading for the umbrella of man-made textile material will be 6601.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for umbrellasother, having a telescopic shaft. The duty rate will be free.

The applicable subheading for the electronic organizer will be 8470.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functionsdisplay only. The duty rate will be free.

The applicable subheading for the "windmere 1625" will be 8516.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hair dryers. The duty rate will be 3.9% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 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.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.

Sincerely,

Robert B. Swierupski
Director,

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