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NY H81109

May 21, 2001

CLA-2-42:RR:NC:N3:341 H81109


TARIFF NO.: 4202.22.4030; 5609.00.3000

Ms. Ellen Cogen
Lincoln Logistics Inc.
265 East Merrick Road, Suite 208
Valley Stream, NY 11580

RE: Amendment to ruling NY G89688, dated May 11th, 2001.

Dear Ms. Cogen:

You have brought to our attention that incorrect duty rates for classification numbers 4202.22.4030 and 5609.00.3000 were stated in ruling NY G89688, dated May 11th, 2001. The correct rate of duty for HTS subheading 4202.22.4030 is 7.7% ad valorem and 5.8% ad valorem for HTS subheading 5609.00.3000. All other information in NY G89688 remains the same.

The samples submitted with your request consist of a purse and hair band. The purse, identified as style #5137, is made of an exterior surface of 100% polyester textile material. The interior is lined and has a zippered back-wall pocket. The top opening is secured by a clasp closure and a braided shoulder strap is permanently attached to the bag. The purse is made up for formal wear or for a special occasion. The hair band, identified as style #GGSA-04, consists of an elastic band with an attached crocheted flower of cotton yarn.

The applicable subheading for #5137 will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapof man-made fibers. The general rate of duty will be 7.7 percent ad valorem.

The applicable subheading for #GGSA-04 will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included, of man-made fibers. The general rate of duty will be 5.8 percent ad valorem.

Items classifiable under HTS subheading 4202.22.4030 fall within textile category designation 670. Based upon international textile trade agreements products of China, and Hong Kong are currently 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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