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NY G83656

October 26, 2000



TARIFF NO.: 4202.22.8050

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10048

RE: Amendment to NY Ruling G82340, date September 28th, 2000.

Dear Ms. Wierbicki:

In your letter dated October 23rd, 2000, on behalf of Avon Products, Inc., you requested an amendment of classification ruling NY G82340, which was issued to you on September 28th, 2000 from this office. You have indicated that the name on the front has been changed to read "Avon". All other information in the original letter remains the same.

The sample submitted with your request is identified as "Woven Shoulder Bag", #PP216871. The item is a handbag designed to contain money, keys, and small accessories on a daily basis. The bag is constructed of a knit fabric consisting of twisted polyethylene (PE) strips not having an apparent width of 5 mm.

The Explanatory Notes clarify which kind of strips are not considered plaiting materials of Chapter 46. "For the purposes of this Chapter, the following are not considered to be plaiting materials and articles or products made therefrom are excluded from the Chapter: (ii) Monofilament of which no cross-sectional dimension exceeds 1 mm, or strip or flattened tubes (including strip and flattened tubes folded along the length), whether or not compressed or twisted (artificial straw and the like), or man-made textile materials, provided that the apparent width (i.e., in the folded, compressed or twisted state) does not exceed 5mm (Section XI)." Therefore, pursuant to the Explanatory Notes to Chapter 46, HTS, the strips are not considered plaiting materials of Chapter 46.

The interior of the bag is lined and has a back wall zippered pocket. The top opening of the bag is secured by a drawstring closure that also serves as straps that enable use as a backpack. The interior of the bag is also accessible by means of a zippered opening on the rear exterior. The front of the bag has a small leather applique, which is embossed with the word "Avon".

The applicable subheading for #PP216871 will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapother, other, other, of man-made fibers. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.22.8050 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).

A copy of this supplement and the original ruling letter should be attached to the entry documents filed at the port this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Robert B. Swierupski

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