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NY G85554

January 4, 2001



TARIFF NO.: 4202.92.1500

Ms. Barbara Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
New York, NY 10036

RE: The tariff classification of a tote bag from China

Dear Ms. Wierbicki:

In your letter dated December 21st, 2000, on behalf of Avon Products, Inc., you requested a classification ruling.

The sample submitted with your request is identified as "Quilted Tote Bag with Bonus Eyeglass case", #PP218042. The item is a double handle tote bag made of an exterior surface of quilted cotton textile material. The interior is lined and has six open-wall pockets and a removable bottom stiffener. The top opening is secured by a full-width zippered closure. The front exterior has an open pocket that contains a self-material eyeglass case and a flap pocket. The rear exterior has a zippered pocket. The tote is designed to contain bulk articles other than those normally carried in a handbag. The tote and eyeglass case are considered a set: both share the common purpose of organizing, storing, protecting, and transporting the items placed therein and are imported put up for retail sale. The eyeglass case is classifiable in HTS 4202.32.4000. The tote, classified in HTS 4202.92.1500, imparts the essential character.

The applicable subheading for #PP218042 will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsof cotton. The duty rate will be 6.7% ad valorem for the year 2000 and 6.6% ad valorem for the year 2001.

Items classifiable under HTS subheadings 4202.32.4000 and 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).

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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