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NY H83574

August 2, 2001

CLA-2-42:RR:NC:TA:341 H83574


TARIFF NO.: 4202.92.3031

Ms. Jeanette Hughes
KTB Originals, Inc.
1002 Mt. Vernon Drive
North Myrtle Beach, SC 29582

RE: The tariff classification of novelty carry bags from Hong Kong, Taiwan and/or China.

Dear Ms. Hughes:

In your letter dated July 19, 2001, you requested a classification ruling for novelty carry bags.

The samples submitted, “Fur Angel” and “Rudy the Reindeer”, are novelty carrying bags of man-made textile materials. Each item has an adjustable shoulder strap, a fabric pick-up loop and a top center hook and loop closure. The bags are lined with rayon satin fabric. Each bag has a battery-operated device that causes a single bulb to light built into the body. The bags have the useful characteristics of storage, protection, organization and portability common to the goods of Heading 4202, HTS.

“Fur Angel” measures 18” long by 10” wide. The basic body is of a pile fabric that simulates fur. The top of the bag is ornamented with a sewn- on motif made up of rayon satin fabric, a doll head and hands holding a bouquet. The bouquet contains a battery operated single lamp. The design is intended to simulate an angel.

“Rudy the Reindeer” is of approximately the same size as “Fur Angel”. It is similarly made up of man-made fabric, which simulates fur. The bottom of the bag is formed similar to a boot and is decorated with plastic eyes, nose and imitation fabric ears and antlers. The bottom portion of the bag simulates the face of a reindeer. The nose contains a battery-operated lamp.

Chapter 42, Legal Note 1(l) excludes “articles of Chapter 95 (for example toys, games, sports equipment).” Chapter 95, Legal Note 1(d) excludes “sports bags and other containers of heading 4202, 4303 or 4304.”

Each item is essentially a traveling bag that is an eo nomine good of heading 4202 and is used as such.

The useful functions of storage, protection, organization and portability appear to be greater than any other useful function the articles may have.

Your samples are being returned as requested.

The applicable subheading for the novelty bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.3 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong, Taiwan and 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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