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NY G81390

September 14, 2000



TARIFF NO.: 4202.92.3031

Ms. Joyce Zier
Tumi, Inc.
1001 Durham Ave.
South Plainfield, NJ 07080

RE: The tariff classification of a duffel bag from the Dominican Republic.

Dear Ms. Zier:

In your letter dated September 1st, 2000, you requested a classification ruling.

The sample submitted with your request is identified as style #278. The item is a carry-on duffel bag manufactured of nylon textile material. One import, it is stuffed with an air cushion which prevents the bag from being crushed. The air cushion is disposable packing and will be classified with the duffel bag pursuant toe General Rule of Interpretation (GRI) 5 (b).

The duffel bag is marked as presented with a label sewn into the top inside that reads," Made in the Dominican Republic." The hang-tag will be marked "Made in the Dominican Republic". The air cushion is marked "Made in the USA".

Section 134.46, Customs Regulations (19 CFR 134.46), states "In any case in which the words "United States" or "American", the letters "USA", and those words, letters or names may mislead or deceive the ultimate purchaser to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning." The sample as presented with the sewn-in label and hang-tag properly marked will satisfy 19 CFR 134.46.

The applicable subheading for the #278 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other, other, of man-made fibers, other. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of the Dominican Republic are subject to 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.


Robert B. Swierupski

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