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NY H86108

December 18, 2001

CLA-2-42:RR:NC:TA:341 H86108


TARIFF NO.: 4202.12.8030

Ms. Pilar Dorfman
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of messenger bags with cell phone holders from China.

Dear Ms. Dorfman:

In your letter dated September 5, 2001, on behalf of LTD Commodities, Inc., you requested a classification ruling for messenger bags with cell phone holders.

The samples submitted are identified as “MBS”-Winnie The Pooh Messenger Bags”, items 138423 (blue) and 138424 (orange). The items are travel bag manufactured of nylon woven fabric with front exterior pockets of clear PVC, which are secured by means of a flap with hook and loop fasteners. Attached to each bag is a removable cell phone holder of the same fabric. Each bag features an undivided, plastic lined interior with a zippered back-wall pocket. They measure approximately13”(H) x17”(L). Both items are secured by means of top zippered closures. The items at issue will be sold at retail sale to the consumer as sets and will be classified accordingly. The handbag will impart the essential character of the set. The messenger bags will be classifiable in HTS 4202.12.8030. The cell phone holders will be classifiable in HTS 4202.92.9026. Your samples are being returned as requested.

The applicable subheading for the messenger bags with cell phone holders as a set will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, briefcases, school satchels, occupational luggage cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.3 percent ad valorem. The duty rate for 2002 will be 18.1 percent ad valorem.

HTS 4202.12.8030 and 4202.92.9026 falls within textile category designation 670. 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 646-733-3041.


Robert B. Swierupski

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