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NY H85428

August 31, 2001

CLA-2-42:RR:NC:N3:341 H85428


TARIFF NO.: 4202.92.3031; 4202.92.4500

Mr. Joseph Aiello
Fashion Accessory Bazaar
1 East 33rd Street, 8th Floor
New York, NY 10016

RE: The tariff classification of a travel/tote bag from China.

Dear Mr. Aiello:

In your letter dated August 24th, 2001, you requested a ruling on tariff classification.

The sample submitted with your request is identified as style FB2399. The item consists of two tote bags nested one within the other. The larger tote bag is made up of transparent polyvinyl chloride (PVC) sheeting of plastic, has double tubular handles and is unlined. The smaller bag is made up of 100 percent cotton, is fabric lined, has a hook and loop closure and double woven textile handles. The later bag is not reversible. The two bags have corresponding male and female snaps that permit the cotton bag to be attached to the interior of the PVC. The articles are put up for retail sale as a set. The essential character is imparted by the larger tote bag. The cotton tote bag is classifiable in tariff number 4202.92.1500, HTSUSA. The PVC bag is of a kind classifiable in tariff number 4202.92.4500, HTSUSA.

The applicable subheading for FB2399, a set of two tote bags, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The general rate of duty will be 20 percent ad valorem.

Items classifiable under HTS subheading 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements products of China 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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