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NY G85417




December 21, 2000

CLA-2-42:RR:NC:341:G85417

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8040; 4202.92.5000; 4202.92.3016

Mr. Matt Marin
Arcoiris Imports
P.O. Box 849
Middlebury, VT 05753

RE: The tariff classification of a musical instrument case, shoulder bag, and school bag from India.

Dear Mr. Marin:

In your letter, you requested a classification ruling.

The samples submitted with your request consist of style 16, a shoulder bag, style 17, an instrument bag, and style 15, a book bag. The instrument bag is specially shaped and fitted to contain a musical instrument. It has an exterior surface of 100% wool textile material. The interior is lined and is secured by a zip-around closure. The shoulder bag has an exterior surface of 100% cotton corduroy textile material. The interior is lined and is secured by a zippered closure and a carry strap is permanently attached to the bag. The school satchel has an exterior surface of 100% wool. The interior is lined and is secured by a flap with tuck lock closures. A shoulder strap is permanently attached to the bag.

The musical instrument bag (style 17) and book bag (style 15) are subject to the Wool Products Labeling Act of 1939.

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. We recommend that a label be sewn to the side interior of each bag that reads "Made in India".

The applicable subheading for the musical instrument case, style 17, will be 4202.92.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suit cases, vanity caseswith outer surface of sheeting of plastic or of textile materials, musical instrument cases. The duty rate will be 4.2% ad valorem.

The applicable subheading for the shoulder bag, style 16, will be 4202.92.3016, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsother, of cotton. The duty rate will be 18.6% ad valorem.

The applicable subheading for the book bag, style 15, will be 4202.12.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, brief cases, school satchelsother, other. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheadings 4202.12.8040 and 4202.92.3016 fall within textile category designation 369. Based upon international textile trade agreements products of India 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).

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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